Ex Parte Reising

Board of Patent Appeals and Interferences

Sep 9, 2009

11064394 (B.P.A.I. Sep. 9, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte JOHN C. REISING
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Appeal 2009-012681
Application 11/064,394
Technology Center 1700
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Mailed: September 9, 2009
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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rejected claims are expressly withdrawn, or are implicitly withdrawn by not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implicitly withdrawn claims.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