Ex Parte Kryliouk et alDownload PDFPatent Trial and Appeal BoardAug 16, 201312244440 (P.T.A.B. Aug. 16, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 12/244,440 10/02/2008 Olga Kryliouk 011926 EES/NEON 2008 44257 7590 08/19/2013 PATTERSON & SHERIDAN, LLP - - APPM/TX 3040 POST OAK BOULEVARD, SUITE 1500 HOUSTON, TX 77056 EXAMINER BRATLAND JR, KENNETH A ART UNIT PAPER NUMBER 1714 MAIL DATE DELIVERY MODE 08/19/2013 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte OLGA KRYLIOUK, SANDEEP NIJHAWAN, YURIY MELNIK, LORI D. WASHINGTON, JACOB W. GRAYSON, SUNG W. JUN, and JIE SU ____________ Appeal 2013-006701 Application 12/244,440 Technology Center 1700 ____________ ORDER DISMISSING APPEAL On November 27, 2012, Appellants filed a Notice of Appeal. On April 22, 2013, Appellants filed a request to reopen prosecution, exercising their option to reopen prosecution in response to a new ground of rejection contained in the Examiner’s Answer mailed on February 22, 2013. Per 37 C.F.R. § 41.39(b)(1), this request is treated as a request to withdraw the appeal. Accordingly, the appeal in this application 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 Order, please contact the Patent Trial and Appeal Board at 571-272-9797. SJB/msc Copy with citationCopy as parenthetical citation