Ex parte MANICO et al. - Page 9




          Appeal No. 96-1455                                                          
          Application No. 08/218,279                                                  


          constitutes a practical application of a mathematical                       
          algorithm . . . because it produces ’a useful, concrete and                 
          tangible result'. . . ."  State Street Bank, 149 F.3d at 1373,              
          47 USPQ2d at 1601.                                                          


               The court concluded its analysis of the mathematical                   
          algorithm exception as follows:                                             


               The question of whether a claim encompasses                            
               statutory subject matter should not focus on which                     
               of the four categories of subject matter a claim is                    
               directed to . . . but rather on the essential                          
               characteristics of the subject matter, in                              
               particular, its practical utility.                                     
                                                                                     
          State Street Bank, 149 F.3d at 1375, 47 USPQ2d at 1602.                     


               We hold that the claim language is directed to an article              
          of manufacture which recites subject matter that has a                      
          practical application in the technological arts.  Claim 1                   
          specifically recites that an "image print" is claimed.  The                 
          image print is an article which has been manufactured by man.               
          The claim also requires that the image print includes "an                   
          alphabetic description is provided on said image print for at               
                                         -9-                                          




Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007