Ex Parte Norin

Board of Patent Appeals and Interferences

Apr 6, 2009

09896908 (B.P.A.I. Apr. 6, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ALLEN NORIN
____________

Application 2008-3446
Application 09/896,908
Technology Center 1600
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Mailed: April 6, 2009
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Before DALE M. SHAW, Chief Appeals Administrator.

ORDER REMANDING TO EXAMINER
This application was electronically received by the Board of Patent
Appeals and Interferences on April 23, 2008. A review of the application
revealed that it is not ready for docketing as an appeal. Accordingly, the
application is herewith being returned to the Examiner to address the
following matter(s) requiring attention prior to docketing.

APPEAL BRIEF, APPEALED CLAIMS
Appellant has not appealed all rejected claims. Specifically, a review
of the Grounds of Rejection on the record finds that rejections are
Appeal 2008-3446
Application 09/896,908

outstanding for the following pending claims: 41-48. The rejected claims
that have not been appealed and/or argued for appeal is claim 48.
DISCUSSION
The Board of Appeals and Interferences (Board), in Ex parte Ghuman,
http://www.uspto.gov/web/offices/dcom/bpai/prec/rm081175.pdf
(BPAI May 14, 2008) (precedential), held that in appeals where rejected
claims are expressly withdrawn, or are implicitly withdrawn by not
presenting arguments in support of patentability, the Board will remand (or
return) the application to the Examiner with instructions to cancel the
expressly or implicitly withdrawn claims. See also Manual of Patent
Examining Procedure (MPEP) § 1215.03 (8th ed. Rev. 6, Sept 2007).
Accordingly, it is ORDERED that the application is returned to the
Examiner:
1) to enter a paper canceling claim 48.
2) upon entry of the paper, to return the application to the Board for
the consideration of appealed claims;
If there are any questions pertaining to this Order, please contact the Board
of Patent Appeals and Interferences at 571-272-9797

DMS/clj

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