Appeal No. 1998-1733
Application No. 07/617,303
directions of travel corresponding to a physical least cost path. A series of discrete
states along the physical path is determined by starting at a start state and following the
cost and direction of travel values assigned to the various states. While it is true that
the claims do not actually require use of the series of discrete states, which has been
transformed into electronic form, since they stop short at the transformation of the
series and recite only an intended use, i.e., the electronic form of the series of
determined discrete states “being usable” by the object in claim 22 and the least cost
path being merely identified in claim 33, the electronic signals produced are,
themselves, of practical utility, in controlling the movement of an object in a path.
Moreover, all of the instant independent claims, including the method claims,
recite and require a “computer readable storage medium” [claim 22 recites a “memory”]
which is a physical structure. The fact that the memory, or storage medium,
comprises thereon an encoded computer program does not now preclude this
otherwise physical structure from constituting statutory subject matter under
35 U.S.C. § 101.
Accordingly, we will not sustain the examiner’s rejection of claims 1-15, 17-23
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