Ex Parte Gavrilescu et al

Board of Patent Appeals and Interferences

Jun 17, 2009

09681488 (B.P.A.I. Jun. 17, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
________________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte ALEXANDRU GAVRILESCU, NOEL W. ANDERSON,
and HARPAL BASSALI
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Appeal 2008-002905
Application 09/681,488
Technology Center 2400
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Mailed: June 18, 2009
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Before DALE M. SHAW, Chief Appeals Administrator

ORDER REMANDING TO THE EXAMINER
This application was electronically received by the Board of Patent
Appeals and Interferences on April 4, 2008. A Docketing Notice was
mailed and Appeal No. 2008-002905 was assigned on April, 16, 2008. A
review of the application revealed that it is not ready for docketing as an
appeal. Accordingly, the application is herewith being remanded to the
Examiner to address the following matter(s) requiring attention prior to
docketing.
Appeal 2008-002905
Application 09/681,488

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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: 1-37. The rejected claim that
has not been appealed and/or argued is claim 37.

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rejected claims are expressly withdrawn, or are implicitly withdrawn by not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implicitly withdrawn claims.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 37;
2) upon entry of the paper, to return the application to the Board for
the consideration of appealed claims; and
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.

Appeal 2008-002905
Application 09/681,488

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