Appeal 2007-1089
Application 10/348,277
CONCLUSION
Appellants have failed to establish that the Examiner erred in rejecting
claims 1-5 and 7-40 as being unpatentable under 35 U.S.C. § 103(a).
Therefore, the rejections of claims 1-5 and 7-40 are affirmed.
NEW GROUND OF REJECTION
A. New Ground Of Rejection Under 35 U.S.C. § 101
(1)
Introduction
We use our authority under 37 C.F.R. § 41.50(b) to enter a new
ground of rejection of claims 1-5, 7-18, 20-33, and 35. The basis for each is
set forth in detail below.
(2)
Rejection of claims 1-5, 7-18, 20-33, and 35 under 35 U.S.C. § 101
Claims 1-5, 7-18, 20-33, and 35 are rejected under 35 U.S.C. § 101
because the claimed invention is directed to non-statutory subject matter.
Independent claims 1, 31, and 33 reproduced supra are representative.
(a)
Additional Claim Construction
For purposes of this decision, under a broadest reasonable
interpretation, Appellants’ claims 1-5, 7-18, 20-33, and 35 do not require
computer-implementation. Indeed, when we look to the Specification for
context, Appellants broadly disclose:
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