The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ROBERT G. BROWN
__________
Appeal No. 2005-2242
Application 09/950,526
__________
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 “Interim
Guidelines for Examination of Patent Application for Patent Subject Matter Eligibility,”
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