The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 GANG AN and ROBERT VELTRI __________ Appeal No. 2006-1331 Application No. 09/962,902 __________ ON BRIEF __________ DISMISSAL OF APPEAL On May 22, 2006, counsel for the appellants filed 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 request to withdraw the appeal and to reopen prosecution of the application before the examiner.”Page: 1 2 NextLast modified: November 3, 2007