Ex Parte Muller-Rees 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                         for publication and is not binding precedent of the Board.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 TOBIN J. MARKS and JONATHAN G.C. VEINOT                                     
                                              ____________                                                  
                                            Appeal 2006-2978                                                
                                         Application 10/299,239                                             
                                         Technology Center 1700                                             
                                              ____________                                                  
                                         Decided: April 30, 2007                                            
                                              ____________                                                  

               Before CHARLES F. WARREN, THOMAS A. WALTZ, and                                               
               JEFFREY T. SMITH, Administrative Patent Judges.                                              
               SMITH, Administrative Patent Judge.                                                          

                              ORDER REMANDING TO THE EXAMINER                                               
                      A review of the present record before us leads us to conclude that this               
               case is not in condition for a decision on appeal.  We remand the application                
               to the Examiner for consideration and explanation of issues raised by the                    
               record.  37 C.F.R. §§ 41.35(b) and 41.50(a)(1) (2006).                                       







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