Ex Parte Dake et al - Page 1



                 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                          for publication and is not binding precedent of the Board.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 TIMOTHY WILLIAM DAKE,                                                
                                          JARAD BOHART NIEMI,                                                    
                                          DONALD LEE HUGHES,                                                     
                                          JEFFREY JOHN KESTER,                                                   
                                      DONALD BROWN COMPTON,                                                      
                                     JONATHAN JAVIER CALDERAS,                                                   
                               RICHARD GERARD SCHAFERMEYER and                                                   
                                      KEVIN PATRICK CHRISTMAS                                                    
                                                ____________                                                     
                                              Appeal 2006-2158                                                   
                                            Application 09/853,391                                               
                                              Technology Center                                                  
                                                ____________                                                     
                                          Decided:  January 31, 2007                                             
                                                ____________                                                     

                Before THOMAS A. WALTZ , PETER F. KRATZ, and                                                     
                CATHERINE Q. TIMM, Administrative Patent Judges.                                                 
                TIMM, Administrative Patent Judge.                                                               

                               ORDER REMANDING TO THE EXAMINER                                                   
                       Our review of the record in this appeal leads us to conclude that this                    
                appeal is not ripe for a decision on the merits.  The rejections reproduced in                   




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