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for publication and is not binding precedent of the Board.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 DENNIS M. HILTON, MICHAEL D. MORGAN,
MICHAEL WINDSOR SYMONS, and TIMOTHY MICHAEL SYMONS
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Appeal 2006-2687
Application 10/ 306,594
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 10 and 14.
Because the issues are not ripe for appeal, we remand.
On page 8 of the Brief, Appellants refer to the “Hilton Declaration.”
The Examiner on page 7 of the Answer indicates that the substance of this
declaration has been considered. However, upon review of the record we
are unable to locate a copy of this declaration. Appellants’ Appeal Brief
filed January 23, 2006 does not include a copy of this document. It is noted
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