UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
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`10/704,318
`
`11/07/2003
`
`Henry C. Yuen
`
`GS/061 CON 2
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`CONF NATION N0
`3367
`
`02/03/2011
`
`75563
`7590
`ROPES &GRAY LLP
`PATENT DOCKETING 39/361
`1211 AVENUE OF THE AMERICAS
`NEW YORK, NY 10036-8704
`
`:
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`SAINT cm IEAN D
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`2425
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`MAIL DATE
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`02/03/201 1
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`1
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`Comcast, Exhibit—1023
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`1
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`Comcast, Exhibit-1023
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`

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`Application/Control No.
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`Notice of Panel Decision
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`App|icant(s)/Patent under
`Reexamination
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`10/704,318
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`YUEN ET AL.
`Art Unit
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`
`
`from Pre-Appeal Brief
`Review
`
`
`
`Brian T. Pendleton
`
`2425
`
`
`
`
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`This is in response to the Pre-Appeal Brief Request for Review filed 22 December 2010.
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`1. I:I Improper Request — The Request is improper and a conference will not be held for the following
`reason(s):
`
`I:I The Notice of Appeal has not been filed concurrent with the Pre—Appeal Brief Request.
`I:I The request does not include reasons why a review is appropriate.
`III A proposed amendment is included with the Pre-Appeal Brief request.
`I:I Other:
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`The time period for filing a response continues to run from the receipt date of the Notice of Appeal or from
`the mail date of the last Office communication, if no Notice of Appeal has been received.
`
`2. El Proceed to Board of Patent Appeals and interferences — A Pre-Appeal Brief conference has been
`held. The application remains under appeal because there is at least one actual issue for appeal. Applicant
`is required to submit an appeal brief in accordance with 37 CFR 41.37. The time period for filing an appeal
`brief will be reset to be one month from mailing this decision, or the balance of the two—month time period
`running from the receipt of the notice of appeal, whichever is greater. Further, the time period for filing of the
`appeal brief is extendible under 37 CFR 1.136 based upon the mail date of this decision or the receipt date
`of the notice of appeal, as applicable.
`
`III The panel has determined the status of the claim(s) is as follows:
`Claim(s) allowed:
`Claim(s) objected to: j
`Claim(s) rejected: _.
`Claim(s) withdrawn from consideration:
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`3. El Allowable application — A conference has been held. The rejection is withdrawn and a Notice of
`Allowance will be mailed. Prosecution on the merits remains closed. No further action is required by
`applicant at this time.
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`4. IX! Reopen Prosecution — A conference has been held. The rejection is withdrawn and a new Office
`action will be mailed. No further action is required by applicant at this time.
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`All participants:
`
`(1) Brian T. Pendleton.
`
`(2) .
`
`/Brian T Pendleton/
`
`Supervisory Patent Examiner, Art
`Unit 2425
`
`U.S. Patent and Trademark Office
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`(3)
`
`.
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`(4):-
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`Part of Paper No. 201 10201
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`2