Ex Parte Wilson et al

Board of Patent Appeals and Interferences

Apr 22, 2010

09877718 (B.P.A.I. Apr. 22, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte DANIEL C. WILSON, DANIEL A. BOULET,
SANDRO A. TORRIERI, and DEAN T. MICHAELS
____________

Appeal 2009-006353
Application 09/877,718
Technology Center 2400
____________

Before DALE M. SHAW, Division 2 Support Administrator

ORDER NOTIFYING APPELLANTS OF THE CANCELATION OF
ORAL ARGUMNET
This application was electronically received at the Board of Patent Appeals
and Interferences on July 15, 2008. A docketing notice was mailed and
Appeal No. 2009-006353 was assigned on April 1, 2009. On October 1,
2009 a Notice of Hearing was mailed to appellants. Appellant’s counsel
confirmed attendance on October 16, 2009. On November 9, Appellants’
counsel request postponement of the Oral Hearing, which was granted on
November 10, 2009. On March 22, 2010, a Notice of Oral Hearing was
Appeal 2009-006353
Application 09/877,718
2
mailed to Appellants, setting the Hearing for May 4, 2010 at 1PM. On April
15, 2010, the Merits panel issued an Opinion Affirming the Examiner.
37 CFR §41.47(f) states:
Notwithstanding the submission of a request for oral hearing
complying with this rule, if the Board decides that a hearing is not
necessary, the Board will so notify appellant.

The Merit Panel has decided that the Oral Hearing is not needed).
The Merit Panel has issued an opinion on April 15, 2010. As per 37 CFR
§41.47, this Order serves as notification.
Accordingly, it is ORDERED that:
1) The Oral Hearing scheduled for May 4, 2010 at 1PM is cancelled;
and
2) That Appellants’ Oral Hearing fee will be refunded.
If Appellant still desires an Oral Hearing, a petition under 37 CFR
§1.183 must be filed within two weeks of the mail date of this Order. This
two week time period for filing a petition under 37 CFR §1.183 is not
extendable under 37 CFR §1.136(a).
If there are any questions pertaining to this order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

DMS

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