10184414 (B.P.A.I. Apr. 5, 2010)

Ex Parte Adar et al

Board of Patent Appeals and InterferencesApr 5, 2010

10184414 (B.P.A.I. Apr. 5, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte EYTAN ADAR, RAJAN MATHEW LUKOSE, CEASAR SENGUPTA and JOSHUA ROGERS TYLER ____________ Appeal 2010-000674 Application 10/184,414 Technology Center 2400 ____________ Mailed: April 5, 2010 ____________ Before DALE M. SHAW, Division 2 Support Administrator ORDER REMANDING APPEAL TO EXAMINER This application was electronically received at the Board of Patent Appeals and Interferences on October 20, 2009. A Docketing Notice was mailed and Appeal No. 2010-000674 was assigned on November 2, 2009. A review of the application has revealed that the application was not ready for an appeal. Accordingly, the application is herewith being remanded to the Examiner. The matter requiring attention is identified below. Appeal 2010-000674 Application 10/184,414 2 Claim 32 of the instant application contain functional language that may be indefinite under 35 U.S.C. § 112, 2nd paragraph. See Ex Parte Rodriquez, 2009 WL 3756279 (BPAI 2009) and Aristocrat Techs. Austl. Pty. Ltd. v. It’l. Game Tech., 521 F.3d 1328 (Fed Cir. 2008). On September 2, 2008 the Deputy Commissioner for Patent Examination Policy, John J. Love, issued a memorandum entitled “Rejections under 35 U.S.C. 112, second paragraph, when examining means (or step) plus function claim limitations under 35 U.S.C. 112, sixth paragraph”, located at: http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/section_112_6 th_09_02_2008.pdf . Thus, there is a question as to whether claim 32 and the claims which depend upon this claim, meet the requirements of being definite under 35 U.S.C. § 112, 2nd paragraph. Accordingly, it is ORDERED that the application is remanded to the Examiner to determine if claim 32 and the claims which depend upon this claim, meet the requirements of 35 U.S.C. § 112, 2nd paragraph. If there are any questions pertaining to this order, please contact the Board of Patent Appeals and Interferences at 571-272-9797. Appeal 2010-000674 Application 10/184,414 3 tkl HEWLETT-PACKARD COMPANY Intellectual Property Administration 3404 E. Harmony Road Mail Stop 35 FORT COLLINS CO 80528