Ex Parte Seul

Board of Patent Appeals and Interferences

Oct 19, 2009

10310173 (B.P.A.I. Oct. 19, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
10/310,173 12/04/2002 Michael Seul LEAPS-C9 7155
36038 7590 10/19/2009
ERIC P. MIRABEL
35 TECHNOLOGY DRIVE
SUITE 100
WARREN, NJ 07059
EXAMINER
YU, MELANIE J
ART UNIT PAPER NUMBER
1641
MAIL DATE DELIVERY MODE
10/19/2009 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MICHAEL SEUL
____________

Appeal 2009-013342
Application 10/310,173
Technology Center 1600
____________

Mailed: October 19, 2009
____________

Before ROGER L. WILLIAMS, Chief Clerk of the Board .

ORDER DISMISSING APPEAL
On October 7, 2009, counsel for the Appellant filed, among other
documents, a Request for Continued Examination (RCE) under 37 C.F.R.
§ 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 C.F.R. § 1.114(d), a
Appeal 2009-013342
Application 10/310,173

2
request for continued examination under 37 C.F.R. § 1.114 that has been
filed after appeal has been taken, but prior to a decision on the appeal, will
be treated as a 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.
If there are any questions pertaining to this dismissal, please contact
the Board of Patent Appeals and Interferences at 571-272-9797.

DMS/lp

ERIC P. MIRABEL
35 TECHNOLOGY DRIVE
SUITE 100
WARREN NJ 07059