The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte STEVEN M. BURNS and RICHARD W. VARSELL ____________ Appeal 2006-2465 Application 10/266,052 Technology Center 1700 ____________ Decided: September 29, 2006 ____________ Before WARREN, KRATZ, and JEFFREY T. SMITH, Administrative Patent Judges. JEFFREY T. SMITH, Administrative Patent Judge. COMBINED ORDER REMANDING TO THE EXAMINER and ORDER UNDER 37 CFR § 41.50(d)(1) Appellants appeal the Examiner’s final rejection of claims 1, 3 to 10, and 23 to 29. Because the issues are not ripe for appeal, we remand this application to the Examiner. We order both the Examiner and the Appellants to take appropriate action consistent with the views expressed below. We return this application to the Examiner’s jurisdiction for purposes of properly interpreting thePage: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007