Ex Parte Prahlad et al

Board of Patent Appeals and Interferences

Dec 17, 2009

10819103 (B.P.A.I. Dec. 17, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte: ANAND PRAHLAD, DAVID NGO, NORMAN R. LUNDE,
LIXIN ZHOU, AVINASH KUMAR, and ANDREAS MAY
____________

Appeal No. 2009-005671
Application 10/819,103
Technology Center 2100
____________

Mailed: December 17, 2009
____________

Before LEE E. BARRETT, JAY P. LUCAS, and JAMES R. HUGHES,
Administrative Patent Judges.

LUCAS, Administrative Patent Judge.

ORDER VACATING DECISION
____________

On April 3, 2008, Appellants filed a Notice of Appeal. On September
29, 2008, Appellants timely filed a Request for Oral Hearing. On December
9, 2009, before an Oral Hearing was held, a decision on this appeal was
rendered by a judicial panel of the Board of Patent Appeals and
Appeal No. 2009-005671
Application 10/819,103

Interferences, through a procedural oversight. Since the decision was made
prior to an Oral Hearing, that decision is herewith being vacated, so that this
appeal can be heard by the Board of Patent Appeals and Interferences in
consideration of any arguments that may be presented at the Oral Hearing.
The Oral Hearing on this appeal is currently scheduled for January 14th,
2010.

CONCLUSION
Accordingly, it is
ORDERED that the decision rendered on this application on
December 9, 2009 be vacated to:
1) Allow for the Oral Hearing to be held,
2) Give the Board panel an opportunity to consider the Oral
Hearing prior to adjudicating this appeal, and
3) For such further action as may be appropriate.

If there are any questions pertaining to this Order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

peb

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