Ex Parte Cheikh et al

Board of Patent Appeals and Interferences

Feb 16, 2006

09371146 (B.P.A.I. Feb. 16, 2006)

for publication in a law journal and is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________

Ex parte NORDINE CHEIKH and
JINGDONG LIU
_______________

Appeal No. 2004-1272
Application 09/371,146
_______________

ORDER DISMISSING APPEAL
_______________

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

Per curiam.

On February 1, 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
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. 2004-1272
Application 09/371,146

3
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