Ex Parte Brown

Board of Patent Appeals and Interferences

Jan 12, 2006

09950526 (B.P.A.I. Jan. 12, 2006)

-1-
The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE

__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte ROBERT G. BROWN
__________

Appeal No. 2005-2242
Application 09/950,526
__________

ORDER REMANDING TO THE EXAMINER
__________

Before FLEMING, Chief Administrative Patent Judge, HARKCOM, Vice Chief
Administrative Patent Judge, and MACDONALD, Administrative Patent Judge.

PER CURIAM

On consideration of the record, we note that the appeal includes rejections under
35 U.S.C. ' 101 involving the statutory nature of at least some of the claims on appeal.
We further note that the evaluation of such claims could possibly be affected by
the Commissioner of Patent and Trademarks' published final version of the “Interim

Guidelines for Examination of Patent Application for Patent Subject Matter Eligibility,”
Appeal No. 2005-2242
Application No. 09/950,526

-2-
signed October 26, 2005. This document is located at the following URL:
http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/guidelines101_20051026.pdf
Furthermore, at least one of the rejections under 35 U.S.C. § 101 is directed to
whether or not the claims lie within the technological arts. The evaluation of such
claims could also be possibly affected by Ex parte Lundgren, 76 USPQ2d 1385 (Bd.
Pat. App. & Int. 2005). Thus, we hereby remand this application for reconsideration in
view of the "Guidelines" and the recent Ex parte Lundgren decision cited above, and for
any other action that the examiner deems appropriate.
REMAND

MICHAEL R. FLEMING, Chief )
Administrative Patent Judge )
)
)
)
GARY V. HARKCOM, Vice Chief ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
ALLEN R. MACDONALD )
Administrative Patent Judge )

MRF:psb
Steven I. Weisburd
Dickstein Shapiro Morin & Oshinsky LLP
1177 Avenue of the Americas
41st Floor
Appeal No. 2005-2242
Application No. 09/950,526

-3-
New York, NY 10036-2714