Ex Parte Burnhouse et al - Page 27

                Appeal 2007-0345                                                                             
                Application 09/812,417                                                                       
                                                                                                            
                      Claims 1-4 and 6-8 Recite Non-Functional Descriptive Material                          
                      We also conclude that claims 1-4 and 6-8 merely recite non-functional                  
                descriptive material.  Significantly, nothing in claims 1-4 and 6-8 precludes                
                displaying and indicating purely textual or symbolic information without a                   
                machine.  In addition, nothing in the claims precludes the steps to be                       
                performed solely by a person.  In fact, the scope of claim 1 preempts a wide                 
                variety of situations where a user simply selects items from a list and                      
                indicates the selected items -- without a machine.                                           
                      For example, claim 1 covers a conventional situation where a student                   
                registers for courses to be offered (“future programs”) at a college or                      
                university.  In this example, a printed list of courses and schedules                        
                corresponds to “providing future program information for a plurality of                      
                future programs” as claimed.                                                                 
                      During registration, the student can select a number of specified                      
                options (“future program actions”) on a printed form regarding a specific                    
                course including, among other things, taking the course for credit                           
                (“recording” the future program in the student’s academic record), auditing                  
                the course, and adding or dropping the course if the student has previously                  
                registered for other courses.                                                                
                      The student can then submit this printed course selection to the                       
                university (i.e., the university “receiv[es] the selected at least one future                
                program and the selected at least one future program action from the user”).                 
                As a reminder, the student can also mark their printed course listing to                     

                                                                                                            
                least some method steps on a machine (i.e., a monitor display screen).  When                 
                considered as a whole, claim 5 at least minimally recites statutory subject                  
                matter under § 101.                                                                          
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