Ex Parte Bonavia et al

Board of Patent Appeals and Interferences

Feb 26, 2009

11061564 (B.P.A.I. Feb. 26, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte: NEAL BONAVIA AND MARIO ALVAREZ
____________

Appeal No. 2009-0345
Application 11/061,564
Technology Center 2800
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Mailed: February 26, 2009
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Before DALE M. SHAW, Chief Appeals Administrator

ORDER REMANDING TO EXAMINER

This application was electronically received by the Board of Patent
Appeals and Interferences on July 30, 2008. A Docketing Notice was
mailed and Appeal No. 2009-0345 was assigned on October 14, 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 No. 2009-0345
Application No. 11/061,564

APPEAL BRIEF, APPEALED CLAIMS
Appellants have 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: 1-19. The rejected claims
that have not been appealed and/or argued for appeal 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rejected claims are expressly withdrawn, or are implicitly withdrawn by not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implicitly withdrawn claims.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 is Remanded to the
Examiner:
1) to enter a paper canceling claim 2; and
2) upon entry of the paper, to return the application to the Board for
the consideration of appealed claims;
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.
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Appeal No. 2009-0345
Application No. 11/061,564

dms

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