Ex Parte Mohindra et alDownload PDFBoard of Patent Appeals and InterferencesApr 17, 200910780471 (B.P.A.I. Apr. 17, 2009) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte RISHI MOHINDRA & PETRUS STROET ____________ Appeal 2009-2651 Application 10/780,471 Technology Center 2600 ____________ Mailed: April 17, 2009 ____________ Before DALE M. SHAW, Chief Appeals Administrator ORDER REMANDING APPEAL TO EXAMINER This application was electronically received at the Board of Patent Appeals and Interferences on December 2, 2008. A Docketing Notice was mailed and Appeal No. 2009-2651 was assigned on December 24, 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 2009-2651 Application 10/780,471 Claims 1, 4-6, and 15-19 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. See In re Bilski, 545 F.3d 943 (Fed. Cir. 2008)(en banc). Thus, there is a question as to whether claims 1, 4-6, and 15-19 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, 4-6, and 15-19 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 SEED INTELLECTUAL PROPERTY LAW GROUP PLLC 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WA 98104-7092 2 Copy with citationCopy as parenthetical citation