Ex Parte Böger et alDownload PDFPatent Trial and Appeal BoardFeb 4, 201312674499 (P.T.A.B. Feb. 4, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte THORSTEN BOGER, OLIVER KLEINSCHMIDT, and LOTHAR PATBERG ____________ Appeal 2013-003849 Application 12/674,499 Technology Center 1700 ____________ Before STEVEN J. BARTLETT, Division 2 Support Manager. ORDER DISMISSING APPEAL On June 15, 2012, Appellants filed a Notice of Appeal. On December 20, 2012, Appellants filed a request to reopen prosecution, exercising their option to reopen prosecution in response to a new ground of rejection contained in the Examiner’s Answer mailed on October 24, 2012. Per 37 C.F.R. § 41.39(b)(1), this request is treated as a request to withdraw the appeal. Accordingly, the appeal in this application is dismissed. Appeal 2013-003849 Application 12/674,499 2 The application is being returned to the Examiner for further action as may be appropriate. If there are any questions pertaining to this Order, please contact the Patent Trial and Appeal Board at 571-272-9797. babc Copy with citationCopy as parenthetical citation