Appeal No. 96-3157 Page 6
Application 08/088,136
(MPEP) §§ 1002 and 1201. Accordingly, we will not review the
issue raised by the appellant on pages 5 and 21-22 of the
brief.
The non-statutory subject matter issue
We will not sustain the examiner's rejection of claims 1,
2, 6, 8 to 12 and 19 to 21 under 35 U.S.C. § 101 as being
directed to non-statutory subject matter.
Section 101 of title 35, United States Code, provides:
Whoever invents or discovers any new and useful process,
machine, manufacture, or composition of matter, or any
new and useful improvement thereof, may obtain a patent
therefor, subject to the conditions and requirements of
this title.
The Supreme Court has held that Congress chose the
expansive language of 35 U.S.C. § 101 so as to include
"anything under the sun that is made by man." Diamond v.
Chakrabarty, 447 U.S. 303, 308-09 (1980).
This perspective has been embraced by the Federal
Circuit:
The plain and unambiguous meaning of 101 is that any new
and useful process, machine, manufacture, or composition
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