Ex Parte Van Den Enden

Board of Patent Appeals and Interferences

Aug 29, 2008

10488998 (B.P.A.I. Aug. 29, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte GIJS J. VAN DEN ENDEN
____________

Appeal 2008-3237
Application 10/488,998
Technology Center 2800
____________

Mailed: August 29, 2008
____________

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 April 5, 2008. A docketing notice was mailed
and Appeal No. 2008-3237 was assigned on May 7, 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 2008-3237
Application 10/488,998
2
Claims 1-12 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 1-12 meet 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 1-12 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.

kis

Blank Rome L.L.P.
600 New Hampshire Avenue, N.W.
Washington, D.C. 20037