Ex Parte Shigematsu et al

Board of Patent Appeals and Interferences

May 22, 2008

10515276 (B.P.A.I. May. 22, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________

Ex parte TOSHIHIRO SHIGEMATSU,
SHIGEHIRO MAEDA, and
TAKASHI KATAYAMA
_______________

Appeal No. 2008-2398
Application 10/515,276
Technology Center 1700
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Mailed: May 22, 2008
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Before DALE M. SHAW Chief Appeals Administrator.
SHAW, Chief Appeals Administrator.

ORDER DISMISSING APPEAL

On August 20, 2007, Appellants filed a Notice of Appeal. On March 24,
2008, counsel for the Appellants filed 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 No. 2008-2398
Application 10/515,276

Request for Continued Examination under 37 C.F.R. § 1.114 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 deemed appropriate.
If there are any questions pertaining to this dismissal, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

DMS/cam

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