Ex Parte Kirn

Board of Patent Appeals and Interferences

Jun 19, 2008

10649218 (B.P.A.I. Jun. 19, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte LARRY KIRN
____________

Appeal 2008-0953
Application 10/649,218
Technology Center 2800
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Mailed: June 20, 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 November 16, 2007. A docketing notice was
mailed and Appeal No. 2008-0953 was assigned on December 11, 2007. A
review of the application has revealed that the application was not ready for
an appeal. Accordingly, the application is herewith being remanded to the
Examiner. The matter requiring attention is identified below.
Appeal 2008-0953
Application 10/649,218

2
Claims 1-3 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 USC § 101. On May 15, 2008 the Deputy Commissioner for
Patent Examining Policy, John J. Love, issued a memorandum entitled
“Clarification of ‘Processes’ under 35 USC §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 1-3 meet the requirements of being patent
eligible process under 35 USC §101.
Accordingly, it is
ORDERED that the application is remanded to the Examiner to
determine if claims 1-3 meet the requirements of being a patent eligible
process under 35 USC §101.
If there are any questions pertaining to this order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

tdl

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