Appeal No. 2006-0874 Page 2 Application No. 08/970,045 appeal does not operate as an abandonment of the application, but is considered a withdrawal of the appeal as to those claims and authority to the examiner to cancel the same.” See also § 1215.04. Summary The appeal is dismissed and the application will be returned to the jurisdiction of the examiner for further action as appropriate. DISMISSED Michael R. Fleming, Chief ) Administrative Patent Judge ) ) ) ) BOARD OF PATENT Gary V. Harkcom, Vice Chief ) Administrative Patent Judge ) APPEALS AND ) ) INTERFERENCES ) Eric Grimes ) Administrative Patent Judge ) Fulbright & Jaworski, LLP 600 Congress Avenue, Suite 2400 Austin, TX 78701 demPage: Previous 1 2Last modified: November 3, 2007