Ex Parte Hartman et al

Board of Patent Appeals and Interferences

Jul 31, 2003

09054339 (B.P.A.I. Jul. 31, 2003)

The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.
Paper No. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte RICHARD L. HARTMAN, MARY M. HARTMAN,
and ROY P. MASSENA
_____________
Appeal No. 2002-0362
Application No. 09/054,339
______________
ON BRIEF
_______________
Before JERRY SMITH, LEVY, and SAADAT, Administrative Patent
Judges.
JERRY SMITH, Administrative Patent Judge.
ON REQUEST FOR HEARING
Appellants filed a Request for Rehearing on May 29, 2003
requesting that we reconsider our decision of May 9, 2003 wherein
we affirmed the examiner’s rejection of claims 64-79 as
unpatentable under 35 U.S.C. § 103.
On June 12, 2003 appellants filed a Request for Continued
Examination (RCE) including a preliminary amendment. The RCE
requests that this application be withdrawn from appeal
Appeal No. 2002-0362
Application No. 09/054,339
2
proceedings and transferred to the examiner (RCE, page 10).
In view of the RCE, the following determinations are
made:
1. This application is withdrawn from appeal.
2. The Request for Rehearing is DISMISSED as moot.
3. This application will be returned to the examiner for
processing of the RCE.
REHEARING DISMISSED AND
APPLICATION RETURNED TO EXAMINER
JERRY SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
STUART S. LEVY ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
MAHSHID D. SAADAT )
Administrative Patent Judge )
JS:hh
Appeal No. 2002-0362
Application No. 09/054,339
3
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