Ex Parte Rutanen

Board of Patent Appeals and Interferences

Aug 20, 2009

11048685 (B.P.A.I. Aug. 20, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte EEVA-MARJA RUTANEN
__________

Appeal 2009-001910
Application 11/048,685
Technology Center 1600
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Decided: August 17, 2009
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Before DEMETRA J. MILLS, ERIC GRIMES, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.

MILLS, Administrative Patent Judge.

ORDER VACATING DECISION

On August 4, 2009 we rendered a decision in the above identified
application. However, on July 10, 2009, Appellant filed a Letter of
Withdrawal of the Application from Appeal due to the filing of a
continuation application on July 7, 2009. Because the Letter of Withdrawal
was not timely matched up to the electronic file, the Board had no notice of
the withdrawal of the appeal at the time of rendering the Decision of
August 4, 2009.

Appeal 2009-001910
Application 11/048,685

Because the Appeal was withdrawn on July 10, 2009, prior to the
Decision date of August 4, 2009, the Appeal was not properly before us for
decision, and we vacate our Decision of August 4, 2009.
Thus, our Decision in Appeal 2009-001910 of August 4, 2009 is
vacated.

Ssc:

BIRCH, STEWART, KOLASCH & BIRCH
PO BOX 747
FALLS CHURCH, VA 22040-0747

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