Ex parte RICHARD et al. - Page 5




          Appeal No. 96-2894                                                          
          Application 08/742,974                                                      

          (pages referred to as "RBr__") for appellants' arguments                    
          thereagainst.                                                               
                                      OPINION                                         
          35 U.S.C. § 101                                                             
               The examiner rejects claims 27-32 under 35 U.S.C. § 101                
          as being directed to nonstatutory subject matter "because                   
          the claimed subject matter:  (A) does not fall within any of                
          the four statutory classes of § 101; and/or (B) falls, by                   
          analogy, within the printed matter exception to § 101 or                    
          within a new exception to computer programs per se" (Paper                  
          No. 2, page 2).                                                             
               While we agree that certain kinds of subject matter do                 
          not fall within any of the four statutory classes, e.g.,                    
          poems and musical works, claims 27-32 comprise a series of                  
          steps and, thus, clearly fall within the statutory class of                 
          a "process."  See In re Sarkar, 588 F.2d 1330, 1333,                        
          200 USPQ 132, 137 (CCPA 1978) ("Thus a series of steps is a                 
          'process' within § 101 unless it falls within a judicially                  
          determined category of nonstatutory subject matter                          
          exceptions.").  This reason for the § 101 rejection is                      
          reversed.                                                                   

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