Ex Parte Yasui

Board of Patent Appeals and Interferences

Jul 28, 2008

10287474 (B.P.A.I. Jul. 28, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte KATSUAKI YASUI
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Appeal 2008-1885
Application 10/287,474
Technology Center 2800
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Decided: July 28, 2008
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Before BRADLEY R. GARRIS, TERRY J. OWENS, and
CATHERINE Q. TIMM, Administrative Patent Judges.

GARRIS, Administrative Patent Judge.

ORDER REMANDING TO THE EXAMINER

We remand this application to the Examiner for action consistent with
our comments below.
This appeal presents a § 103 rejection of claim 9 over Griffin (US
Patent 6,298,311) in view of the Japanese reference to Katou (JP 09-309402)
and a § 103 rejection of claim 10 over the Katou reference. The only
English language translation of record for the Japanese reference is
Appeal 2008-1885
Application 10/287,474

inadequate for appellate review of the pending rejections because it is a
computer generated translation. In order to make an informed analysis of
the rejections on appeal, a formal translation of the Katou reference is
required.
Therefore, the Examiner must respond to this remand by obtaining
from Translation Branch of STIC a formal translation (or equivalent) of JP
09-309402. See the translation guidelines in the Manual of Patent
Examining Procedure (MPEP) § 901.05(d)(Rev. 5, Aug. 2006). Upon
receiving the formal translation (or equivalent), the Examiner must review it
in order to determine whether the pending rejections should be maintained.
If the pending rejections are maintained, the Examiner should so notify
Appellant via a Supplemental Examiner's Answer and provide Appellant
with a copy of the translation. After the appropriate time period for filing a
reply brief has run, the Examiner should forward the application to the
Board of Patent Appeals and Interferences for processing of the appeal.
This Remand to the Examiner pursuant to 37 C.F.R. § 41.50(a)(1) is
made for further consideration of a rejection. Accordingly, 37 C.F.R.
§ 41.50(a)(2) applies if a Supplemental Examiner's Answer is written in
response to this Remand by the Board.
REMAND

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Appeal 2008-1885
Application 10/287,474

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