10687714 (B.P.A.I. May. 24, 2010)

Ex Parte Brown

Board of Patent Appeals and InterferencesMay 24, 2010

10687714 (B.P.A.I. May. 24, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte KYLE BROWN ____________ Appeal 2009-010099 Application 10/687,714 Technology Center 3600 ____________ Before DALE M. SHAW, Division 2 Support Administrator ORDER REMANDING APPEAL TO EXAMINER This is a Director ordered remand under 37 CFR §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 April 30, 2009. A Docketing Notice was mailed on May 18, 2009. Appeal 2009-010099 Application 10/687,714 2 Claim 13 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 13 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 13 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. DMS/KE IBM CORPORATION 3039 CORNWALLIS RD. DEPT. T81 / B503, PO BOX 12195 RESEARCH TRIANGLE PARK NC 27709