Ex Parte Levy et al

Board of Patent Appeals and Interferences

Apr 12, 2010

10541694 (B.P.A.I. Apr. 12, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte THOMAS LEVY and OLIVIER MARCE
____________

Appeal 2010-000512
Application 10/541,694
Technology Center 2400
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Mailed: April 12, 2010
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Before DALE M. SHAW, Division 2 Support Administrator

ORDER REMANDING APPEAL TO EXAMINER
This application was electronically received at the Board of Patent
Appeals and Interferences on October 20, 2009. A Docketing Notice was
mailed and Appeal Number 2010-000512 was assigned on October 23,
2009. 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 2010-000512
Application 10/541,694

2
Claims 1, 2, and 4 of the instant application contain functional
language that may be indefinite under 35 U.S.C. § 112, second paragraph.
See Aristocrat Techs. Austl. Pty Ltd. v. Int’l Game Tech., 521 F.3d 1328
(Fed Cir. 2008); Ex parte Rodriquez, 92 USPQ2d 1395 (BPAI 2009). On
September 2, 2008, the Deputy Commissioner for Patent Examination
Policy, John J. Love, issued a memorandum entitled “Rejections under 35
U.S.C. 112, second paragraph, when examining means (or step) plus
function claim limitations under 35 U.S.C. 112, sixth paragraph,” located at:
http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/section_112_6
th_09_02_2008.pdf. Thus, there is a question as to whether claims 1, 2, and
4, and the claims which depend upon these claims, meet the requirements of
being definite under 35 U.S.C. § 112, second paragraph.
Accordingly, it is
ORDERED that the application is remanded to the Examiner to
determine if claims 1, 2, and 4, and the claims which depend upon these
claims, meet the requirements of 35 U.S.C. § 112, second paragraph.
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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