Ex Parte Cao et al

Board of Patent Appeals and Interferences

May 8, 2006

09819091 (B.P.A.I. May. 8, 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for publication and is not binding precedent of the Board.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 YONGWEI CAO and
WILLIAM E. TIMBERLAKE
__________

Appeal No. 2006-0144
Application No. 09/819,091
__________

ON BRIEF
__________

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

Per curiam

DISMISSAL OF APPEAL

On April 25, 2006, counsel for the appellant 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
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.
Appeal No. 2006-0144 Page 2
Application No. 09/819,091

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
)
Donald E. Adams )
Administrative Patent Judge )

Arnold & Porter, LLP
Attn: IP Docketing Dept.
555 Twelfth Street, NW
Washington, DC 20004-1206

dem