Ex Parte DIONNE - Page 2




             Appeal No. 2005-1849                                                                                    
             Application No. 09/349,306                                                                              

             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                                                                                                 
             Smith & Hopen PA                                                                                        
             15950 Bay Vista Drive                                                                                   
             Suite 220                                                                                               
             Clearwater, FL 33760                                                                                    

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