Ex Parte Dreher - 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                              for publication and is not binding precedent of the Board.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 JOHN D. DREHER                                                
                                                 __________                                                     
                                            Appeal No. 2007-0627                                                
                                         Application No. 09/482,773                                             
                                           Technology Center 1600                                               
                                                 __________                                                     
                                                  ON BRIEF                                                      
                                                 __________                                                     
                Before ADAMS, MILLS, and GREEN, Administrative Patent Judges.                                   
                GREEN, Administrative Patent Judge.                                                             


                             VACATUR and REMAND TO THE EXAMINER                                                 

                       On consideration of the record we find this case is not in condition for                 
                a decision on appeal.  For the reasons that follow, we vacate1 the pending                      
                rejections and remand the application to the examiner to consider the                           
                following issues and to take appropriate action.                                                
                                                                                                               
                1 Lest there be any misunderstanding, the term “vacate” in this context                         
                means to set aside or to void.  When the Board vacates an examiner’s                            
                rejection, the rejection is set aside and no longer exists.                                     



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