Ex Parte Wang et alDownload PDFBoard of Patent Appeals and InterferencesApr 23, 201010935294 (B.P.A.I. Apr. 23, 2010) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte LIXIAO WANG and JIANHUA CHEN ____________ Appeal 2009-006891 Application 10/935,294 Technology Center 1700 ____________ Decided: April 23, 2010 ____________ Before EDWARD C. KIMLIN, BRADLEY R. GARRIS, and MARK NAGUMO, Administrative Patent Judges. KIMLIN, Administrative Patent Judge. DECISION ON REQUEST FOR REHEARING Appellants request rehearing of our Decision of December 17, 2009. In particular, Appellants request withdrawal of the Decision on appeal and remand to the Examiner for reopening prosecution in accordance with 37 C.F.R. § 41.39(b)(1)(2). Appeal 2009-006891 Application 10/935,294 2 Appellants' request is hereby granted. The Decision is vacated and the application is remanded to the Examiner for the purpose of reopening prosecution and for consideration of Appellants' reply under 37 C.F.R. § 1.111, filed December 29, 2008. Accordingly, the request is granted. GRANTED cam VIDAS, ARRETT & STEINKRAUS, P.A. 6640 SHADY OAK ROAD, SUITE 400 EDEN PRAIRIE, MN 55344 Copy with citationCopy as parenthetical citation
