Appeal No. 1997-4438
Application No. 08/173,431
being unpatentable over Freeman.
Claims 17 and 18 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Freeman in view of Boisseau.
Reference is made to the brief and the answer for the
respective positions of the appellant and the examiner.
OPINION
The rejections of claims 1, 2, 4 through 13 and 20 are
sustained. The rejections of claims 14-18 are reversed.
At the outset, we note that appellant states (Brief, page
10) that “[c]laims 2 and 4-9 are directed toward a computer
program per se.” Although we do not have a 35 U.S.C. § 101
rejection before us, appellant is reminded that computer
programs per se are considered nonstatutory subject matter
under 35 U.S.C. § 101.
Appellant states (Specification, page 12) that the
interactive film, “The Wrong Side of Town,” won Best Narrative
category and Best Overall Movie at the QuickTimeFilm Festival
in San Francisco in May 1992. According to the examiner
(Answer, page 4), appellant’s statement verifies public use of
the claimed invention more than one year before the filing
4
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