Appeal No. 2006-0002
Application No. 09/935,531
Although the format of claims 1-3 would seem to raise a question as to
whether such claims set forth statutory subject matter under 35 U.S.C. § 101,
we have no such rejection before us, and we therefore decline to rule on the
merits of any such rejection. In any further prosecution in this application,
however, the Examiner should consider the applicability of a 35 U.S.C. § 101
non-statutory subject matter rejection, taking into consideration the recently
published “Interim Guidelines for Examination of Patent Applications for
Patent Subject Matter Eligibility,” 1300 Off. Gaz. Pat. and TM Office, No. 4
(November 22, 2005).
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007