Ex Parte Yamada et al

Board of Patent Appeals and Interferences

Nov 30, 2010

10793926 (B.P.A.I. Nov. 30, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte NORIFUMI YAMADA, MASAKI NAOI,
KO TAKAKURA, and MASAO MURAKAMI
____________

Appeal 2011-002307
Application 10/793,926
Technology Center 1700
____________

Before STEVEN J. BARTLETT, Support Division 2 Manager.

ORDER DISMISSING APPEAL
On September 14, 2009, Appellants filed a Notice of Appeal. On
October 25, 2010, 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 August 25, 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 2011-002307
Application 10/793,926

2
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.

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OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P.
1940 DUKE STREET
ALEXANDRIA VA 22314