Appeal No. 96-2894 Application 08/742,974 (pages referred to as "RBr__") for appellants' arguments thereagainst. OPINION 35 U.S.C. § 101 The examiner rejects claims 27-32 under 35 U.S.C. § 101 as being directed to nonstatutory subject matter "because the claimed subject matter: (A) does not fall within any of the four statutory classes of § 101; and/or (B) falls, by analogy, within the printed matter exception to § 101 or within a new exception to computer programs per se" (Paper No. 2, page 2). While we agree that certain kinds of subject matter do not fall within any of the four statutory classes, e.g., poems and musical works, claims 27-32 comprise a series of steps and, thus, clearly fall within the statutory class of a "process." See In re Sarkar, 588 F.2d 1330, 1333, 200 USPQ 132, 137 (CCPA 1978) ("Thus a series of steps is a 'process' within § 101 unless it falls within a judicially determined category of nonstatutory subject matter exceptions."). This reason for the § 101 rejection is reversed. - 5 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007