Ex Parte Baker et al - Page 2


             Appeal No. 2006-1426                                                           Page 2               
             Application No. 10/145,821                                                                          


             taken, but prior to a decision on the appeal, “will be treated as a request to withdraw the         
             appeal and to reopen prosecution of the application before the examiner.”                           
                   Accordingly, the appeal in this application is dismissed.                                     
                   The application is being returned to the examiner for further action as may be                
             appropriate.                                                                                        



                                 Michael R. Fleming, Chief  )                                                    
                                 Administrative Patent Judge )                                                   
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                                 Gary V. Harkcom, Vice Chief )                                                   
                                 Administrative Patent Judge )   APPEALS AND                                     
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                                 Toni R. Scheiner   )                                                            
                                 Administrative Patent Judge )                                                   







             Heller Ehrman LLP                                                                                   
             275 Middlefield Road                                                                                
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             dem                                                                                                 







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