Appeal No. 96-1455
Application No. 08/218,279
The claimed invention is directed to an image print provided
with alphabetic description on the image print which
identifies a designated aspect ratio for at least one of the
corresponding images. This description may be processed by a
machine or read by a human.
The court in Lowry stated:
More than mere abstraction, the data structures
are specific electrical or magnetic structural
elements in a memory. According to Lowry, the data
structures provide tangible benefits: data stored in
accordance with the claimed data structures are
more easily accessed, stored, and erased. Lowry
further notes that, unlike prior art data
structures, Lowry's data structures simultaneously
represent complex data accurately and enable
powerful nested operations. In short, Lowry's data
structures are physical entities that provide
increased efficiency in computer operation. They
are not analogous to printed matter. The Board is
not at liberty to ignore such limitations.
Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035. Similarly, we
may not ignore the functional limitation that the aspect ratio
is provided on the image.
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