Ex Parte Rosales

Board of Patent Appeals and Interferences

Jul 29, 2008

09821563 (B.P.A.I. Jul. 29, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte DEAN ROSALES
____________

Appeal 2008-2651
Application 09/821,563
Technology Center 2600
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Mailed: July 29, 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 March 19, 2008. A docketing notice was
mailed and Appeal No. 2008-2651 was assigned on April 4, 2008. 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 2008-2651
Application 09/821,563
Claims 1-11 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 U.S.C. § 101. On May 15, 2008 the Deputy Commissioner for
Patent Examining Policy, John J. Love, issued a memorandum entitled
“Clarification of “Processes” under 35 U.S.C. § 101.” This memorandum is
further 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 1-11meet the requirements of being a patent
eligible process under 35 U.S.C. § 101.
Accordingly, it is
ORDERED that the application is remanded to the Examiner to
determine if claims 1-11 meet the requirements of being a patent eligible
process under 35 U.S.C. § 101.
If there are any questions pertaining to this order, please contact the
Board of Patent Appeals and Interferences at 571-272-9797.

DMS/eld

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