Ex Parte Kumar et al - Page 4

                Appeal 2006-3344                                                                             
                Application 10/202,150                                                                       

                respecting the grounds of rejection of appealed claims 3, 9, 13, 14, and 17                  
                under 35 U.S.C. § 103(a), which grounds of rejection are being maintained                    
                by the Examiner.                                                                             
                      The Examiner should provide Appellants with the opportunity to                         
                clarify the present record and cure the Brief with regard to same in order to                
                avoid withdrawal of the appeal and its consequences with respect to all of                   
                the affected appealed claims, with a view toward placing this application in                 
                condition for decision on appeal, with respect to the issues presented.                      

                                                  ORDER                                                      
                      Accordingly, the Examiner is required to take appropriate action                       
                consistent with current examining practice and procedure to rectify the                      
                above-noted matters.                                                                         
                      We hereby remand this application to the Examiner, via the Office of                   
                a Director of the Technology Center involved, for appropriate action in view                 
                of the above comments.                                                                       
                      This application, by virtue of its “special” status, requires immediate                
                action.                                                                                      

                                               REMANDED                                                      


                sld/ls                                                                                       
                3M INNOVATIVE PROPERTIES COMPANY                                                             
                P.O. BOX 33427                                                                               
                ST. PAUL, MN  55133-3427                                                                     

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