11413478 (B.P.A.I. Jun. 3, 2010)

Ex Parte Arrasvuori

Board of Patent Appeals and InterferencesJun 3, 2010

11413478 (B.P.A.I. Jun. 3, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte JUHA ARRASVUORI ____________ Appeal 2010-005100 Application 11/413,478 Technology Center 3700 ____________ Before DALE M. SHAW, Division 2 Support Administrator ORDER REMANDING APPEAL TO EXAMINER This is a Director ordered remand under 37 C.F.R. § 41.35(c) for the matter identified below. Accordingly, the application is herewith being remanded to the Examiner. This application was electronically received at the Board of Patent Appeals and Interferences on March 8, 2010. A Docketing Notice was mailed and Appeal 2010-005100 was assigned on March 30, 2010. Claim 30 and all claims that depend therefrom of the instant application contains 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 Appeal 2010-005100 Application 11/413,478 2 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 30 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 30, meets 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. mev DITTHAVONG MORI & STEINER, P.C. 918 PRINCE STREET ALEXANDRIA VA 22314