10385828 (B.P.A.I. Jul. 18, 2008)

Ex Parte Burdick et al

Board of Patent Appeals and InterferencesJul 18, 2008

10385828 (B.P.A.I. Jul. 18, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte DOUGLAS R. BURDICK & ROBERT J. SZCZERBA ____________ Appeal 2008-0506 Application 10/385,828 Technology Center 2100 ____________ Mailed: July 18, 2008 ____________ Before DALE M. SHAW, Chief Appeals Administrator SHAW, Chief Appeals Administrator. ORDER REMANDING APPEAL TO EXAMINER This application was electronically received at the Board of Patent Appeals and Interferences on October 18, 2007. A docketing notice was mailed and Appeal No. 2008-0506 was assigned on November 8, 2007. A review of the application has revealed that the application was not ready for Appeal 2008-0506 Application 10/385,828 2 an appeal. Accordingly, the application is herewith being remanded to the Examiner. The matter requiring attention is identified below. Claims 8-13 of the instant application are set forth as method claims that may not fall with one of the four statutory categories of invention recited in 35 U.S.C. § 101. On May 15, 2008 the Deputy Commissioner for Patent Examining Policy, John J. Love, issued a memorandum entitled “Clarification of “Processes” under 35 U.S.C. §101.” This memorandum further is used in conjunction with the Interim Guidelines and the Manual of Patent Examining Procedure § 2106.IV.B, when determining whether a claimed invention falls within a statutory category of invention. There is a question as to whether claims 8-13 meet the requirements of being patent eligible process under 35 U.S.C. § 101. Accordingly, it is ORDERED that the application is remanded to the Examiner to determine if claims 8-13 meet the requirements of being a patent eligible process under 35 U.S.C § 101. If there are any questions pertaining to this order, please contact the Board of Patent Appeals and Interferences at 571-272-9797. Tarolli, Sundheim, Covell & Tummino L.L.P. 1300 East Ninth St Suite 1700 Cleveland, OH 44114