Ex Parte Baker et al

Board of Patent Appeals and Interferences

Aug 9, 2006

10145821 (B.P.A.I. Aug. 9, 2006)

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for publication and is not binding precedent of the Board.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 KEVIN P. BAKER,
MAUREEN BERESINI, LAURA DEFORGE,
LUC DESNOYERS, ELLEN FILVAROFF,
WEI-QIANG GAO, MARY E. GERRITSEN,
AUDREY GODDARD, PAUL J. GODOWSKI,
AUSTIN L. GURNEY, STEVEN SHERWOOD,
VICTORIA SMITH, TIMOTHY A. STEWART,
DANIEL TUMAS, COLIN K. WATANABE,
WILLIAM I. WOOD, and ZEMIN ZHANG
__________

Appeal No. 2006-1426
Application No. 10/145,821
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ORDER DISMISSING APPEAL
__________

Before FLEMING, Chief Administrative Patent Judge,
HARKCOM, Vice Chief Administrative Patent Judge, and
SCHEINER, Administrative Patent Judge.

Per curiam

On June 30, 2006, counsel for the appellants filed a Request for Continued
Examination (RCE) under 37 CFR § 1.114. Pursuant to the notice entitled “Request for
Continued Examination Practice and Changes to Provisional Application Practice,”
65 Fed. Reg. 50092, 50095 (Aug. 16, 2000), and the provisions of 37 CFR § 1.114(d),
a request for continued examination under 37 CFR § 1.114 filed after appeal has been
Appeal No. 2006-1426 Page 2
Application No. 10/145,821

taken, but prior to a decision on the appeal, “will be treated as a request to withdraw the
appeal and to reopen prosecution of the application before the examiner.”
Accordingly, the appeal in this application is dismissed.
The application is being returned to the examiner for further action as may be
appropriate.

Michael R. Fleming, Chief )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Gary V. Harkcom, Vice Chief )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Toni R. Scheiner )
Administrative Patent Judge )

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