Ex Parte Sydon et al

Board of Patent Appeals and Interferences

Dec 10, 2010

09754905 (B.P.A.I. Dec. 10, 2010)

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.
09/754,905 01/04/2001 Uwe Sydon 2454.1120 3947
21171 7590 12/13/2010
STAAS & HALSEY LLP
SUITE 700
1201 NEW YORK AVENUE, N.W.
WASHINGTON, DC 20005
EXAMINER
NGUYEN, STEVEN H D
ART UNIT PAPER NUMBER
2473
MAIL DATE DELIVERY MODE
12/13/2010 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 UWE SYDON, OLAF DICKER, and
JUERGEN KOCKMANN
____________

Appeal 2009-005404
Application 09/754,905
Technology Center 2400
____________

Before DALE M. SHAW, Division 2 Support Administrator.

ORDER TO PROCESS REQUEST FOR CONTINUED EXAMINATION
On September 7, 2010, a merits panel of the Board of Patent Appeals
and Interferences affirmed the rejection of the Examiner on claims 1-3 and
6-34 on appeal. On November 8, 2010, Appellants filed a Request for
Reconsideration of the Decision on Appeal (rehearing request). On
December 3, 2010, Appellants filed a Request for Continued Examination
under 37 C.F.R. § 1.114 (RCE). A decision on the November 8, 2010,
rehearing request has not been rendered.
The filing of an RCE takes precedence over rendering a decision on
Appeal 2009-005404
Application 09/754,905

2
the rehearing request. The MPEP in Section 706.07(h), subsection XI, states
that:
The filing of an RCE (accompanied by the fee and a
submission) after a decision by the Board of Patent Appeals and
Interferences, but before the filing of a Notice of Appeal to the
Court of Appeals for the Federal Circuit (Federal Circuit) or the
commencement of a civil action in federal district court, will
also result in the finality of the rejection or action being
withdrawn and the submission being considered.
The filing of the RCE renders the pending rehearing request moot.
Accordingly, it is ordered that 1) no decision on the rehearing request
will be rendered and 2) the application be returned to the Examiner for
processing of the RCE, and for 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.

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STAAS & HALSEY LLP
SUITE 700
1201 NEW YORK AVENUE, N.W.
WASHINGTON, DC 20005