Ex Parte TROVATO et al - Page 9




          Appeal No. 1998-1734                                                        
          Application No. 07/508,024                                                  


               Independent apparatus claims 41 and 43 are in means-plus-              
          function format and it is clear from the disclosure that these              
          “means” refer to the software embodiment disclosed.  The computer           
          program provides for the claimed functions and, like the method             
          claims, claims 41 and 43 are directed to a practical application            
          of any mathematical algorithms recited.  That is, the claims are            
          directed to the planning of a path for an object to follow in a             
          physical task space and for updating a configuration space based            
          on changed conditions so that updated signals can be used by the            
          object to follow the path.  While it is true that the claims do             
          not actually require use of the resultant parameter signals by              
          the object since they stop short at the production of those                 
          signals and recite only an intended use, i.e., the parameter                
          signals “being usable” by the object, the updated parameter                 
          signals produced are, themselves, of practical utility, in                  
          controlling the movement of an object in a path.                            
               Turning to independent claim 46, this claim is directed to a           
          “computer readable storage medium encoded with a computer program           
          . . . . ”  On its face, the claim is directed to statutory                  
          subject matter, i.e., a “computer readable storage medium” is, at           
          least, an article of manufacture.  The fact that it comprises               
          thereon an encoded computer program does not now take this                  

                                          9                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007