Appeal No. 1999-1763
Application No. 08/834,931
v. Howard, 87 U.S. (20 Wall.) 498, 507 (1874) which states
“[a]n idea of itself is not patentable, but a new device by
which it may be made practically useful is.” Furthermore,
O’Reilly v. Morse, 56 U.S. (15 How.) at 114-19 sets forth that
claims that recite nothing but the physical characteristics of
a form of energy such as a voltage or magnetic field strength
define energy or magnetism per se, and as such are
nonstatutory physical phenomena. However, a claim directed to
a practical application of a natural phenomenon such as energy
or magnetism is statutory.
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