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for publication and is not binding precedent of the Board.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
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte DENNIS M. HILTON, MICHAEL D. MORGAN,
MICHAEL WINDSOR SYMONS, and TIMOTHY MICHAEL SYMONS
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Appeal 2006-2681
Application 10/044,407
Technology Center 1700
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Decided: September 28, 2006
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Before KIMLIN, JEFFREY T. SMITH, and FRANKLIN, Administrative
Patent Judges.
JEFFREY T. SMITH, Administrative Patent Judge.
ORDER REMANDING TO THE EXAMINER
Appellants appeal the Examiner’s final rejection of claims 1, 5 to 8,
10, and 11. Because the issues are not ripe for appeal, we remand.
On page 9 of the Brief, Appellants refer to the “Hilton Declaration.”
The Examiner on page 8 of the Answer indicates that the substance of this
declaration has been considered. Appellants’ Appeal Brief filed January 23,
2006 does not include a copy of this document. It is noted that Appellants’
Brief as filed did not include an Evidence Appendix. To remedy this
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