Ex Parte ReisingDownload PDFBoard of Patent Appeals and InterferencesSep 9, 200911064394 (B.P.A.I. Sep. 9, 2009) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ________________ Ex parte JOHN C. REISING ________________ Appeal 2009-012681 Application 11/064,394 Technology Center 1700 ________________ Mailed: September 9, 2009 ________________ Before DALE M. SHAW, Chief Appeals Administrator ORDER REMANDING TO THE EXAMINER This application was electronically received by the Board of Patent Appeals and Interferences on June 1, 2009. A Docketing Notice assigning Appeal No. 2009-012681 was mailed on July 10, 2009. A review of the application revealed that it is not ready for an appeal. Accordingly, the application is herewith being remanded to the Examiner to address the following matter: Appeal 2009-012681 Application 11/064,394 2 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 outstanding for the following pending claims: 1, 2, 4, and 6-21. The rejected claim that has not been appealed and/or argued is claim 2. DISCUSSION The Board of Appeals and Interferences (Board), in Ex parte Ghuman, 88 USPQ2d 1478 (BPAI 2008) (precedential), held that in appeals where rejected claims are expressly withdrawn, or are implicitly withdrawn by not presenting arguments in support of patentability, the Board will remand the application to the Examiner with instructions to cancel the expressly or implicitly withdrawn claims.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 be remanded to the Examiner: 1) to enter a paper canceling claim 2; 2) upon entry of the paper, to return the application to the Board for the consideration of the appealed claims; and 3) for such further action as may be appropriate. If there are any questions pertaining to this Order, please contact the Board of Patent Appeals and Interferences at 571-272-9797. msc PPG Industries, Inc. Intellectual Property Department One PPG Place Pittsburgh PA 15272 Copy with citationCopy as parenthetical citation