Ex Parte Benson et al

Board of Patent Appeals and Interferences

Feb 17, 2009

10696042 (B.P.A.I. Feb. 17, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MAYA BENSON and MICHAEL D. KOTZIN
____________

Appeal 2009-3128
Application 10/696,042
Technology Center 2600
____________

Mailed: February 17, 2009
____________

Before DALE M. SHAW, Chief Appeals Administrator.

ORDER DISMISSING APPEAL
On August 1, 2007, Appellants filed a Notice of Appeal. On
February 10, 2009, counsel for the Appellants filed, among other documents,
a Request for Continued Examination (RCE) under 37 CFR ' 1.114.
Pursuant to the notice entitled ARequest 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, Awill be treated as a request to
withdraw the appeal and to reopen prosecution of the application before the
examiner.@
Appeal 2009-3128
Application 10/696,042

Accordingly, it is
ORDERED that the appeal filed August 1, 2007 is dismissed. The
application is being returned to the Examiner for further action as may be
appropriate.
If there are any questions pertaining to this dismissal, please contact
the Board of Patent Appeals and Interferences at 571-272-9797.

tdl

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