Ex Parte YehDownload PDFBoard of Patent Appeals and InterferencesMar 7, 200609484964 (B.P.A.I. Mar. 7, 2006) Copy Citation The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte EDWARD T.H. YEH ___________ Appeal No. 2006-0706 Application No. 09/484,964 __________ ORDER DISMISSING APPEAL _______________ Before FLEMING, Chief Administrative Patent Judge, HARKCOM, Vice Chief Administrative Patent Judge, and GRIMES, Administrative Patent Judge. Per curiam. On February 15, 2005, counsel for the appellants filed a Request for Continued Examination (RCE) under 37 CFR § 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 CFR § 1.114(d), a request for continued examination under 37 CFR § 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.” Appeal No. 2006-0706 Application No. 09/484,964 Παγε 2 Accordingly, the appeal in this application is dismissed. The application is being returned to the examiner for further action as may be appropriate. Michael R. Fleming, Chief ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT Gary V. Harkcom, Vice Chief ) APPEALS AND Administrative Patent Judge ) INTERFERENCES ) ) ) Eric Grimes ) Administrative Patent Judge ) Fulbright & Jaworski 600 Congress Avenue Suite 2400 Austin, TX 78701 dem Copy with citationCopy as parenthetical citation