Appeal Number: 2006-2941
Application Number: 10/170,421
Board of Patent Appeals and Interferences be promptly informed of any action affecting
the appeal in this case.
This remand to the examiner pursuant to 37 CFR § 41.50(a)(1) (effective
September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004), 1286 Off. Gaz. Pat. Office
21 (September 7, 2004)) is made for further consideration of a rejection. Accordingly,
37 CFR § 41.50(a)(2) applies if a supplemental examiner's answer is written in response
to this remand by the Board.
CONCLUSION
The decision of the examiner rejecting claims 1, 2, 4 through 14, and 16 through
22 under 35 U.S.C. 112, first paragraph, and under 35 U.S.C. § 103 is reversed. Further,
this case is remanded to the examiner for further consideration of a rejection under
35 U.S.C. § 101.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a). See 37 CFR § 1.136(a)(1)(iv).
REVERSED and REMANDED
MURRIEL E. CRAWFORD )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
ANITA PELLMAN GROSS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ROBERT E. NAPPI )
Administrative Patent Judge )
APG/vsh
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