Ex Parte DIONNE - 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                             for publication and is not binding precedent of the Board.                              


                             UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                    __________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                 
                                              AND INTERFERENCES                                                      
                                                    __________                                                       
                                            Ex parte PATRICE DIONNE                                                  
                                                    __________                                                       
                                               Appeal No. 2005-1849                                                  
                                               Application 09/349,306                                                
                                                    __________                                                       
                                    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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