Ex Parte Rigoutsos

Board of Patent Appeals and Interferences

Jul 30, 2008

10305582 (B.P.A.I. Jul. 30, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte ISIDORE RIGOUTSOS
____________

Appeal 2007-4439
Application 10/305,582
Technology Center 2100
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Mailed: July 30, 2008
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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 July 21, 2007. A docketing notice was mailed
and Appeal No. 2007-4439 was assigned on September 21, 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 2007-4439
Application 10/305,582
Claims 1-17 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 1-17 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 1-17 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.

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