Ex Parte Trinh et al

Board of Patent Appeals and Interferences

Sep 23, 2008

09306986 (B.P.A.I. Sep. 23, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte THUAN QUOC TRINH and
CHRISTIAN ELLIOTT GRUBER
__________

Appeal 2007-3369
Application 09/306,986
Technology Center 1600
___________

Mailed: September 23, 2008
___________

Before TONI R. SCHEINER, DEMETRA J. MILLS, and ERIC GRIMES,
Administrative Patent Judges.

MILLS, Administrative Patent Judge.

ORDER VACATING BOARD DECISION
AND ORDER DISMISSING APPEAL

Procedural History
On September 30, 2005, Appellants filed a Notice of Appeal. On July 25,
2006, prosecution was reopened and a non-final Office action was mailed. On

Appeal 2007-3369
Application 09/306,986

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October 24, 2006, Appellants filed an Appeal Brief and a request to reinstate the
appeal, and on July 6, 2007, a Docketing Notice from the Board of Patent Appeals
and Interferences (hereinafter “Board”) was issued.
Sometime later, on January 14, 2008, Appellants filed a Request for
Continued Examination (RCE) under 37 C.F.R. § 1.114. Unaware of the RCE, the
Board rendered a decision in the pending appeal on April 22, 2008, wherein the
Board reversed the rejections on appeal and entered a new ground of rejection
under 37 C.F.R. § 41.50(b).
Because the RCE was timely filed, it will be treated as a request to withdraw
the appeal as reinstated on July 6, 2007. It is further noted that the RCE has been
processed in the Technology Center and prosecution before the Examiner is
proceeding. Thus, we dismiss the appeal and provide this notice that Appeal 2007-
3369 is no longer pending before the Board. Moreover, in view of the RCE, the
Board decision of April 22, 2008, is hereby vacated.

CONCLUSION
Accordingly, we hereby vacate the Board decision issued on April 22, 2008,
and
ORDER that the Examiner dismiss the Appeal filed on September 30, 2005,
and for such further action as may be appropriate.

DISMISSED

clj

Appeal 2007-3369
Application 09/306,986

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