Ex Parte Ralph et al

Board of Patent Appeals and Interferences

Jun 28, 2006

09660568 (B.P.A.I. Jun. 28, 2006)

The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE

_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________

Ex parte DAVID RALPH,
GANG AN,
S. MARK O’HARA, and
ROBERT VELTRI
_______________

Appeal No. 2006-1623
Application 09/660,568
_______________

ORDER DISMISSING APPEAL
_______________

Before FLEMING, Chief Administrative Patent Judge,
HARKCOM, Vice Chief Administrative Patent Judge, and
GREEN, Administrative Patent Judge.

Per curiam.

On May 22, 2006, counsel for the appellants filed, among other documents, 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
Appeal No. 2006-1623
Application No. 09/660,568
Page 2

request to withdraw the appeal and to reopen prosecution of the application before the
examiner.”
Accordingly, the appeal in this application is dismissed.
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 ) APPEAL
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )

Richard A. Nakashima
Fulbright & Jaworkis, LLP
600 Congress Avenue, Suite 1900
Austin, TX 78701

dem