Appeal No. 1998-2849 Page 9
Application No. 08/584,158
altered by these two paragraphs. Thus, there is no basis for
a rejection of claims 35 through 74 based upon the written
description requirement of 35 U.S.C.
§ 112, first paragraph.
For the reasons stated above, the decision of the
examiner to reject claims 35 through 74 under 35 U.S.C. § 112,
first paragraph, is reversed.
The non-statutory subject matter issue
We will not sustain the rejection of claims 35 through 74
under 35 U.S.C. § 101.
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
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