The opinion in support of the decision being entered today is not
binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TOSHIHIDE ITO
And SHIRO HARA
___________
Appeal No. 2007-0168
Application No. 10/127,927
Technology Center 1700
___________
Decided: June 13, 2007
____________
Before CHUNG K. PAK, CHARLES F. WARREN and LINDA M.
GAUDETTE, Administrative Patent Judges.
PAK, Administrative Patent Judge.
ORDER REMANDING TO THE EXAMINER
This case is not ripe for review and is, therefore, remanded to the
Examiner for appropriate action. 37 C.F.R. §41.50(a)(1) (2006); Manual of
Patent Examining Procedure (MPEP) § 1211 (8th ed., Rev. 5, August 2006).
The grounds for remand are two-fold:
1) The Examiner does not provide a clear statement of rejection in
at least one of the rejections set forth in the Answer; and
2) The machine translations of the foreign prior art references
referred to in the statements of rejection are insufficiently accurate to
properly consider for appeal.
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