Ex Parte Englman

Board of Patent Appeals and Interferences

Jun 3, 2010

10077667 (B.P.A.I. Jun. 3, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ALLON G. ENGLMAN
____________

Appeal 2010-002077
Application 10/077,667
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 December 7, 2009. A Docketing Notice was
mailed and Appeal 2010-002077 was assigned on December 29, 2009.
Claim 37 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 F.3d 1328 (Fed Cir. 2008). On September 2,
Appeal 2010-002077
Application 10/077,667

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 37 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 37, 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

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