Appeal 2007-3839
Application 10/033,634
1 Oral argument was scheduled for October 17, 2007, at 10:00 AM.
2 Counsel for the Applicants, J. Derek Vandenburgh, appeared and stated that
3 the Applicant, in light of the recent Supreme Court decision in KSR
4 International Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385,
5 1397 (2007), had filed an abandonment of the underlying application, in
6 favor of a continuing application in which to address patentability issues
7 raised by KSR International Co. A review of the electronic records of the
8 USPTO reveals that the Applicant filed an Express Abandonment on
9 October 16, 2007. Jurisdiction over the appeal, however, still lies with the
10 Board. 37 C.F.R. § 41.35(a).
11 We take counsel’s representation as not contesting the Examiner’s
12 rejections in this appeal. Accordingly, the Examiner’s rejection is affirmed,
13 without opinion.
14 No time period for taking any subsequent action in connection with
15 this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
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