Appeal No. 2006-3137 Page 4
Application No. 10/037,799
Accordingly, it is
ORDERED that the application is returned to the examiner to:
(1) address the merits of the after final amendment dated Aug. 2, 2005 and mail a
communication to Appellants. The Examiner should require Appellants to correct the
claims appendix to the Appeal brief, if the amendment is not entered;
(2) address the five items above; and require a new Appeal Brief and vacate the
Examiner's Answer , if needed, to clarify the record for review; and
(3) for such further action as may be appropriate.
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOSEPH L. DIXON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
MAHSHID D. SAADAT )
Administrative Patent Judge )
JLD/eld
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