Ex Parte Gruber et al

Board of Patent Appeals and Interferences

Feb 23, 2009

11196415 (B.P.A.I. Feb. 23, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte BERTHOLD GRUBER and LARS HEHN
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Appeal 2009-3261
Application 11/196,415
Technology Center 2800
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Mailed: February 23, 2009
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Before DALE M. SHAW, Chief Appeals Administrator.

ORDER DISMISSING APPEAL
On August 16, 2007, Appellants filed a Notice of Appeal. On
February 18, 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 2009-3261
Application 11/196,415

Accordingly, it is
ORDERED that the appeal filed August 16, 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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