Ex Parte Lovercheck

Board of Patent Appeals and Interferences

Jun 27, 2008

09900647 (B.P.A.I. Jun. 27, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte DALE R. LOVERCHECK
____________

Appeal 2007-2047
Application 09/900,647
Technology Center 1600
____________

Mailed: June 27, 2008
____________

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

ORDER DISMISSING APPEAL
On May 20, 2004, Appellant filed a Notice of Appeal. On
April 17, 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
Appeal 2007-2047
Application 09/900,647

(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, 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 April 17, 2008 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

Dale R. Lovercheck, Esquire
92 Patricia Place
Media PA 19063
2