Ex Parte Tefft et alDownload PDFBoard of Patent Appeals and InterferencesNov 12, 201011379296 (B.P.A.I. Nov. 12, 2010) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte ROBERT J. TEFFT, S. JAY GORDON, JR., and RICHARD W. JOY ____________ Appeal 2011-001641 Application 11/379,296 Technology Center 3600 ____________ Before STEVEN J. BARTLETT, Division 2 Support Manager. ORDER DISMISSING APPEAL On June 19, 2008, Appellant(s) filed a Notice of Appeal. On September 8, 2010, Appellant(s) 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 July 8, 2010. 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. Appeal 2011-001641 Application 11/379,296 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 Board of Patent Appeals and Interferences at 571-272-9797. SJB/klh STITES & HARBISON, PLLC 400 W MARKET ST SUITE 1800 LOUISVILLE KY 40202-3352 2 Copy with citationCopy as parenthetical citation