Ex Parte Yeh

Board of Patent Appeals and Interferences

Mar 7, 2006

09484964 (B.P.A.I. Mar. 7, 2006)

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for publication and is not binding precedent of the Board.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

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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 )

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