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 -2-Page: Previous 1 2Last modified: November 3, 2007