Ex Parte Adler et al - Page 2

              Appeal No. 2005-1231                                                                                     
              Application No. 09/884,296                                                                               

              signed October 26, 2005.  This document is located at the following URL:                                 
              http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/guidelines101_20051026.pdf                    
              Furthermore, at least one of the rejections under 35 U.S.C. § 101 is directed to                         
              whether or not the claims lie within the technological arts.  The evaluation of such                     
              claims could also be possibly affected by Ex parte Lundgren, 76 USPQ2d 1385 (Bd.                         
              Pat. App. & Int. 2005).  Thus, we hereby remand this application for reconsideration in                  
              view of the "Guidelines" and the recent Ex parte Lundgren decision cited above, and for                  
              any other action that the examiner deems appropriate.                                                    
                                                      REMAND                                                           


                     MICHAEL R. FLEMING, Chief   )                                                                     
                     Administrative Patent Judge   )                                                                   
                                                                             )                                         
                                     )                                                                                 
                                                                             )                                         
              GARY V. HARKCOM, Vice Chief   )  BOARD OF PATENT                                                         
              Administrative Patent Judge   )      APPEALS AND                                                         
                                              )   INTERFERENCES                                                        
                                                                             )                                         
                )                                                                                                      
              ALLEN R. MACDONALD   )                                                                                   
              Administrative Patent Judge          )                                                                   


              MRF:psb                                                                                                  
              IBM Corp. (WIP)                                                                                          
              c/o Walder Intellectual Property Law, P.C.                                                               
              P.O. Box 832745                                                                                          
              Richardson, TX  75083                                                                                    

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