The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. Paper No. 33 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte KEVIN BURNS, ELLEN M. THOMAS and NAN-YAO SU1 ____________ Appeal No. 2000-0604 Application No. 08/483,735 ____________ HEARD: MARCH 22, 2001 ____________ Before CALVERT, FRANKFORT and BAHR, Administrative Patent Judges. BAHR, Administrative Patent Judge. 1We note that appellants filed a petition under 37 CFR § 1.48(b) requesting deletion of Kevin Burns and Ellen M. Thomas as inventors on the basis that they were originally and properly included as inventors but their invention is no longer being claimed in this application (Paper No. 20, filed May 14, 1998). There is no indication in the application file that the primary examiner has considered or rendered a decision on the petition. Accordingly, Kevin Burns and Ellen M. Thomas are still listed as inventors in this application. As the ultimate decision on the petition does not appear to have any bearing on the issue before us in this appeal, we have decided this appeal in the interest of judicial efficiency and leave the petition to be decided by the examiner upon return of jurisdiction of this application to the examiner. 1Page: 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007