Ex Parte Kim et al - Page 6



         Appeal No. 2006-1952                                                       
         Application No. 09/750,744                                                 
              The rejections under 35 U.S.C. § 103 of claims 23-33, 35 and          
         37 over Hamajima in view of Jackson, and claims 34 and 36 over             
         Hamajima in view of Jackson and Reiter, are reversed.  The                 
         application is remanded to the examiner.                                   
              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.                           
                               REVERSED and REMANDED                                




                        TERRY J. OWENS                                              
                        Administrative Patent Judge )                               
                                                      )                             
                                                      ) BOARD OF PATENT             
                                                      )   APPEALS                   
                                                      )  AND                        
                        MURRIEL E. CRAWFORD   ) INTERFERENCES                       
                        Administrative Patent Judge )                               
                                                      )                             
                                                      )                             
                                                      )                             
                                                      )                             
                        STUART S. LEVY    )                                         
                        Administrative Patent Judge )                               
                                                                                   
         Ouellette et al. (col. 4, line 68 – col. 5, line 4).                       
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