Appeal No. 96-3157 Page 8
Application 08/088,136
U.S. 175, 185 (1981). Ideas are not abstract if they are
reduced to a practical application. State St. Bank & Trust v.
Signature Fin. Group, Appeal No. 96-11327 at 10 (Fed. Cir.
1998).
In this case, the claims under appeal are clearly drawn
to a process and thus constitute statutory subject matter
under
35 U.S.C. § 101. In addition, we note that, contrary to the
opinion of the examiner, the claims under appeal constitute a
practical application of making an individualized restaurant
menu for a customer desirous of avoiding ingestion of selected
ingredients. Lastly, we note that there is no business method
exception to 35 U.S.C. § 101. See State St. Bank & Trust v.
Signature Fin. Group, supra, at 14-18.
For the reasons set forth above, the decision of the
examiner to reject claims 1, 2, 6, 8 to 12 and 19 to 21 under
35 U.S.C. § 101 is reversed.
The indefiniteness issue
We will not sustain the examiner's rejection of claims 1,
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