Ex Parte Caplan

Board of Patent Appeals and Interferences

Jun 27, 2008

09731375 (B.P.A.I. Jun. 27, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MICHAEL J. CAPLAN
____________

Appeal 2007-4323
Application 09/731,375
Technology Center 1600
____________

Mailed: June 27, 2008
____________

Before DALE M. SHAW, Chief Appeals Administrator
SHAW, Chief Appeals Administrator.

ORDER DISMISSING APPEAL
On March 11, 2003, Appellant filed a Notice of Appeal. On
June 2, 2008, counsel for the appellant filed, among other documents,
a Request for Continued Examination (RCE) under 37 CFR ' 1.114.
Pursuant to the notice entitled ARequest 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
Appeal 2007-4323
Application 09/731,375

for continued examination under 37 CFR ' 1.114 filed after appeal has been
taken, but prior to a decision on the appeal, Awill be treated as a request to
withdraw the appeal and to reopen prosecution of the application before the
examiner.@
Accordingly, it is
ORDERED that the appeal filed March 11, 2003 is dismissed. The
application is being returned to the Examiner for further action as may be
appropriate.
If there are any questions pertaining to this dismissal, please contact
the Board of Patent Appeals and Interferences at 571-272-9797.

clj

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