Ex Parte Baker et al - Page 1




                           The opinion in support of the decision being entered today was not written                  
                                   for publication and is not binding precedent of the Board.                          

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                 _______________                                                       
                                   BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                        
                                                 _______________                                                       
                                 Ex parte KEVIN P. BAKER, MAUREEN BERESINI,                                            
                           LAURA DeFORGE, LUC DESNOYERS, ELLEN FILVAROFF,                                              
                        WEI-QUIANG GAO, MARY E. GERRITSEN, AUDREY GODDARD,                                             
                       PAUL J. GODOWSKI, AUSTIN L. GURNEY, STEVEN SHERWOOD,                                            
                           VICTORIA SMITH, TIMOTHY A. STEWART, DANIEL TUMAS,                                           
                          COLIN K. WATANABE, WILLIAM I. WOOD, and ZEMIN ZHANG                                          
                                                 _______________                                                       
                                               Appeal No. 2006-1224                                                    
                                               Application 10/145,877                                                  
                                                 _______________                                                       
                                           ORDER DISMISSING APPEAL                                                     
                                                 _______________                                                       

              Before FLEMING, Chief Administrative Patent Judge,                                                       
              HARKCOM, Vice Chief Administrative Patent Judge, and                                                     
              GRIMES, Administrative Patent Judge.                                                                     
              Per curiam.                                                                                              
                     On May 26, 2006, counsel for the appellants filed, among other documents, a                       
              Request for Continued Examination (RCE) under 37 CFR § 1.114.   Pursuant to the                          
              notice entitled “Request for Continued Examination Practice and Changes to Provisional                   
              Application Practice,” 65 Fed. Reg. 50092, 50095 (Aug. 16, 2000), and the provisions of                  
              37 CFR § 1.114(d), a request for continued examination under 37 CFR § 1.114 filed                        
              after appeal has been taken, but prior to a decision on the appeal, “will be treated as a                







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