Ex Parte Videtich

Board of Patent Appeals and Interferences

Apr 12, 2010

10135300 (B.P.A.I. Apr. 12, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MATT C. VIDETICH
____________

Appeal 2010-002315
Application 10/135,300
Technology Center 2400
____________

Mailed: April 12, 2010
____________

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 December 22, 2009. A Docketing Notice was
mailed and Appeal Number 2010-002315 was assigned on January 12, 2010.
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 2010-002315
Application 10/135,300

2
Claims 10 and 13 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 10 and
13, 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 10 and 13, 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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ANTHONY LUKE SIMON
General Motors Corporation
300 Renaissance Center
P.O. Box 300, Mail Code 482-C23-B21
Detroit, MI 48265-3000