Ex Parte PATRICK et al - Page 5



          Appeal No. 2000-2211                                                        
          Application No. 09/031,316                                                  

          (Fed. Cir. 1999).  Thus, the 35 U.S.C. § 101 rejection of claim             
          24 is sustained.                                                            
               Turning to claims 21 through 23 and 25, we agree with                  
          appellants’ argument (brief, page 7) that “each recites a process           
          applied to a computer that produces a useful, concrete, and                 
          tangible result,” namely, the creation of a device-independent              
          bitmap.  Unlike claim 24, these claims receive a calling by the             
          application program.  Accordingly, the 35 U.S.C. § 101 rejection            
          of claims 21 through 23 and 25 is reversed.                                 
                                      DECISION                                        
               The decision of the examiner rejecting claims 21 through 25            
          under 35 U.S.C. § 101 is affirmed as to claim 24, and is reversed           
          as to claims 21 through 23 and 25.                                          












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