Ex Parte PATRICK et al - Page 3



          Appeal No. 2000-2211                                                        
          Application No. 09/031,316                                                  

               c represents a value that specifies whether members of the             
          data structure contain explicit color values or palette indices;            
               d represents a pointer to a buffer that receives the address           
          of the bitmap bits;                                                         
               e represents an identifier of a memory mapped object from              
          which the bitmap may be created; and                                        
               f represents a value that specifies an offset.                         
               No references were relied on by the examiner.                          
               Claims 21 through 25 stand rejected under 35 U.S.C. § 101              
          for being directed to non-statutory subject matter.                         
               Reference is made to the briefs (paper numbers 10 and 12)              
          and the answer (paper number 11) for the respective positions of            
          the appellants and the examiner.                                            
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will sustain the 35 U.S.C. § 101 rejection of claim 24,              
          and we will reverse the 35 U.S.C. § 101 rejection of claims 21              
          through 23 and 25.                                                          
               Turning first to claim 24, the examiner indicates (answer,             
          page 4) that the mere storage of non-functional descriptive                 
          material on a computer readable medium does not make it                     
          statutory, and that such material standing alone cannot provide a           
          practical application to otherwise non-statutory subject matter.            

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