Appeal No. 2005-2242
Application No. 09/950,526
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
Steven I. Weisburd
Dickstein Shapiro Morin & Oshinsky LLP
1177 Avenue of the Americas
41st Floor
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