Ex Parte Neoh et al - Page 4

                    Appeal 2007-4405                                                                                                     
                    Application 09/895,153                                                                                               

                    of the Reply Brief filed September 26, 2006, and the Reply Brief filed                                               
                    August 6, 2007, under the above rules, with a view toward placing this                                               
                    application in condition for decision on appeal with respect to the issues                                           
                    presented.                                                                                                           
                            This remand is not made for the purpose of directing the Examiner to                                         
                    further consider a ground of rejection.                                                                              
                            This remand is not made for the purpose of directing the examiner to                                         
                    further consider the grounds of rejection.  Accordingly, 37 C.F.R.                                                   
                    § 41.50(a)(2) (2005) does not apply.                                                                                 
                            We hereby remand this application to the Examiner, via the Office of                                         
                    a Director of the Technology Center, for appropriate action in view of the                                           
                    above comments.                                                                                                      

                                                           REMANDED                                                                      








                    tc/ls                                                                                                                
                    BIRCH STEWART KOLASCH & BIRCH                                                                                        
                    PO BOX 747                                                                                                           
                    FALL CHURCH, VA  22040-0747                                                                                          



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