Ex Parte Baker et al - Page 2

              Appeal No. 2006-1224                                                                                     
              Application No. 10/145,877                                                                               
                                                                                                 Page 2                
              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     )                                            
                                                                      )                                                
                                                                      )                                                
                                            ) BOARD OF PATENT                                                          
                                          Gary V. Harkcom, Vice Chief   )                                              
                                          Administrative Patent Judge  )  APPEAL                                       
                                                                             )                                         
                                                                             ) INTERFERENCES                           
                                                                 )                                                     
                                          Eric Grimes     )                                                            
                                          Administrative Patent Judge )                                                






              Heller Ehrman LLP                                                                                        
              275 Middlefield Road                                                                                     
              Menlo Park, CA  94025-3506                                                                               




              dem                                                                                                      








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