Appeal 2006-2582
Application 10/242,934
A. Finding of Fact
On June 28, 2006, this application was accepted into the Patent Application
Locating and Monitoring (PALM) system for processing on appeal. According to
PALM, on June 26, 2006, Appellant filed a Request for Continued Examination
(RCE) under 37 CFR § 1.114, which was not scanned into the official record until
after this application was accepted for appeal and submitted for further processing.
B. Conclusion:
Under the provisions of 37 CFR § 1.114(d) (2005) , "[I]f an applicant files a
a request for continued examination under this section after appeal, but prior to a
decision on the appeal, it will be treated as a request to withdraw the appeal and to
reopen prosecution of the application before the examiner."
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