Appeal No. 2006-1187
Application No. 10/056,832
To satisfy § 101 requirements, the claim must be for a practical application
of the § 101 judicial exception, which can be identified in various ways:
„ The claimed invention “transforms” an article or physical object to a
different state or thing.
„ The claimed invention otherwise produces a useful, concrete and
tangible result, based on the factors discussed below.
It is determined that claim 1 does not provides a transformation or
reduction of an article to a different state or thing. The claim contains no step
that alters a physical thing. The step of receiving product information does not
involve a transformation rather only the abstract concept of exchanging
information. The step of offering the purchaser an opportunity to purchase a
replica does not involve a transformation, rather only the abstract concept of
creating a legal offer to purchase an object. The final step of causing the replica
to be transferred is broad and does not involve a physical transformation of the
replica. Further, the limitation “transferred” broadly interpreted does not require
physical transference and includes the transfer of ownership which is an abstract
concept. Thus, the claim recites a series of abstract steps and does not
transform or reduce an article to a different state or thing.
The inquiry into whether a claim fails the statutory requirement of
35 U.S.C. § 101, does not end because it is determined that the there is no
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