11384829 (B.P.A.I. May. 24, 2010)

Ex Parte Millgard

Board of Patent Appeals and InterferencesMay 24, 2010

11384829 (B.P.A.I. May. 24, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte LARS MILLGARD ____________ Appeal 2009-008629 Application 11/384,829 Technology Center 3600 ____________ 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 January 13, 2009. A Docketing Notice was mailed on April 22, 2009. Appeal 2009-008629 Application 11/384,829 2 Claims 1of 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 claims 1 and the claims which depend upon these claims, 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 claims 1 and the claims which depend upon these claims, 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. Appeal 2009-008629 Application 11/384,829 3 sld BLANK ROME LLP WATERGATE 600 NEW HAMPSHIRE AVENUE, N.W. WASHINGTON DC 20037