Ex Parte Guler et al - Page 8

                  Appeal 2006-3156                                                                                            
                  Application 09/904,311                                                                                      

                  statutory under 35 U.S.C. § 101.  However, the Examiner should independently                                
                  review all of the claims for compliance with 35 U.S.C. § 101.                                               
                         Accordingly, it is ORDERED that the application is remanded to the                                   
                  examiner to consider a rejection under 35 U.S.C. § 101 in view of the                                       
                  guidelines.                                                                                                 

                                                           ORDER                                                              
                         The decision of the examiner rejecting claims 22 through 47 under                                    
                  35 U.S.C. § 103 is reversed.  Further, this case is remanded to the examiner                                
                  for further consideration of a rejection under 35 U.S.C. § 101.                                             
                                            REVERSED and REMANDED                                                             




                                 ANITA PELLMAN GROSS )                                                                        
                                 Administrative Patent Judge )                                                                
                                                                             )                                                
                                                                             )                                                
                                                                             )                                                
                                                                             ) BOARD OF PATENT                                
                                 STUART S. LEVY )          APPEALS                                                            
                                 Administrative Patent Judge )              AND                                               
                                                                             )    INTERFERENCES                               
                                                                             )                                                
                                                                             )                                                
                                                                             )                                                
                                 ROBERT E. NAPPI )                                                                            
                                 Administrative Patent Judge )                                                                



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