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04119.000100.36
`
`REEXAMINATION
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Examiner: Diamond, Alan D
`
`Group Art Unit: 3991
`
`Confirmation No.: 2755
`
`) :
`
`) :
`
`) :
`
`)
`
`In re Inter Partes Reexamination of:
`
`IVOR BULL ET AL.
`
`Patent No. 7,601,662
`
`Issued: October 13, 2009
`
`Control No. 95/001,453
`
`Reexam Filed: September 28, 2010
`
`For:
`
`COPPER CHA ZEOLITE CATALYSTS
`
`February 27, 2013
`
`Mail Stop Inter Partes Reexam
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`REQUEST TO DISMISS APPEAL
`
`Madam:
`
`Johnson Matthey, Inc., the Third Party Requester and Appellant in the appeal of the
`
`subject inter partes reexamination proceeding (“Appellant”), withdraws its appeal to the Board,
`
`including all of its appeal briefs and supporting papers, and requests that its appeal to the Patent
`
`Trial and Appeal Board be dismissed.
`
`Appellant has entered into a license agreement with BASF Corporation, the Patent Owner
`
`Respondent in the subject appeal. As such, Appellant will make no fiarther comments or
`
`otherwise participate in the subject inter partes reexamination proceeding, including in any
`
`scheduled oral hearing on the appeal. The Patent Owner Respondent has not filed a cross-appeal
`
`in this proceeding. Therefore, in the interests of preserving U.S. Patent and Trademark Office
`
`resources, Appellant requests that its appeal be dismissed, and that jurisdiction of the subject
`
`reexamination proceeding be remanded to the Central Reexamination Unit so that a
`
`Reexamination Certificate may be issued.
`
`Exhibit 2028.001
`
`Exhibit 2028.001
`
`

`
`No fee is believed due. However, any fee required in connection with this paper may be
`
`charged to Deposit Account No. 06-1205.
`
`Appellant’s undersigned attorney may be reached in our New York office by telephone at
`
`(212) 218-2100. All correspondence intended to be sent to the Appellant should be directed to
`
`the address listed below.
`
`Respectfully submitted,
`
`/Ramond R. Mandra/
`Raymond R. Mandra
`Attorney for Appellant
`Registration No. 34,382
`
`Date: February 27, 2013
`
`Attachment: Certificate of Service
`
`Exhibit 2028.002
`
`Exhibit 2028.002

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