Opinion
No. 2010-1065.
February 5, 2010.
Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences. Serial No. 10/874,412.
Raymond T. Chen, Benjamin D.M. Wood, Janet A. Gongola, Patent Trademark Office, Arlington, VA, for Appellee.
J. Nicholas Gross, Berkeley, CA, for Appellant.
ON MOTION ORDER
Upon consideration of the appellant's motion to dismiss his appeal,
IT IS ORDERED THAT:
(1) The motion is granted. The appeal is dismissed.
The appellant asks, that the dismissal be entered as "without prejudice." It is not the court's usual practice to designate a dismissal as being with or without prejudice.
(2) Each side shall bear its own costs.