Ex Parte Piotrowski et al - Page 1




                     The opinion in support of the decision being entered today was not written                        
                              for publication and is not binding precedent of the Board.                               
                                                                                                                      
                                                                                     Paper No. 14                      
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                    __________                                                         
                                  BEFORE THE BOARD OF PATENT APPEALS                                                   
                                              AND INTERFERENCES                                                        
                                                    __________                                                         
                    Ex parte ROBERT DAVID PIOTROWSKI, MOLLY CHRISTINE FINDLEY,                                         
                                 CARYN MARIE CRAWFORD and MICHELLE CAROLYN FABER                                       
                                                    __________                                                         
                                               Appeal No. 2004-1411                                                    
                                               Application 09/804,819                                                  
                                                    __________                                                         
                                    ORDER REMANDING TO THE EXAMINER                                                    
                                                    __________                                                         

              Before FLEMING, Chief Administrative Patent Judge, HARKCOM, Vice Chief                                   
              Administrative Patent Judge, and MACDONALD, Administrative Patent Judge.                                 
              PER CURIAM                                                                                               
                     On consideration of the record, we note that the appeal includes rejections under                 
              35 U.S.C. ' 101 involving the statutory nature of at least some of the claims on appeal.                 
              We further note that the evaluation of such claims could possibly be affected by the                     
              Commissioner of Patent and Trademarks' published final version of the AInterim                           


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