Ex Parte Ricci et al - Page 7




             Appeal No. 2006-2879                                                                                  
             Application No. 09/954,789                                                                            
                                                 CONCLUSION                                                        
                    The rejection of claims 16, and 20-32 under 35 U.S.C. § 103(a) over McCrory in                 
             view of Chuter, May and Evans is reversed.   The application is remanded to the                       
             examiner to consider the other issues raised herein.                                                  
                    This application, by virtue of its Aspecial@ status, requires an immediate action.             
             MPEP ' 708.01(D) (8th ed., rev. 1, February 2003).  It is important that the Board be                 
             informed promptly of any action affecting the appeal in this case.                                    
                                         REVERSED AND REMANDED                                                     


                                                                          )                                        
                                 Demetra J. Mills    )                                                             
                                 Administrative Patent Judge  )                                                    
                                                                          )                                        
                                                                          )                                        
                                                                          ) BOARD OF PATENT                        
                                 Eric Grimes     )                                                                 
                                 Administrative Patent Judge  )   APPEALS AND                                      
                                                                          )                                        
                                                                          ) INTERFERENCES                          
                                                                          )                                        
                                 Nancy Linck     )                                                                 
                                 Administrative Patent Judge  )                                                    










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