Ex Parte Waller et al - Page 1



                          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                                    is not binding precedent of the Board.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                                                     
                          EDMUND K. WALLER, CHRISTOPHER D. HILLYER,                                              
                                             and JOHN ROBACK                                                     
                                                  __________                                                     
                                              Appeal 2007-0320                                                   
                                            Application 09/945,339                                               
                                           Technology Center 1600                                                
                                                  __________                                                     
                                       DECIDED: September 13, 2007                                               
                                                  __________                                                     
                Before TONI R. SCHEINER, DONALD E. ADAMS, and LORA M. GREEN,                                     
                Administrative Patent Judges.                                                                    
                SCHEINER, Administrative Patent Judge.                                                           
                                      REMAND TO THE EXAMINER                                                     
                       Appellants appeal under 35 U.S.C. § 134 from the final rejection of                       
                claims 1-6 and 15-20.1  We have jurisdiction under 35 U.S.C. § 6(b).  On                         
                consideration of the record, we find that this case is not in condition for a                    
                decision on appeal.  Accordingly, we remand the application to the                               
                Examiner to consider the following issues and to take appropriate action.                        
                                                                                                                
                1 Claims 7-14 and 21-58 are also pending, but have been withdrawn from                           
                consideration.                                                                                   



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