Appeal No. 2001-0161
Application No. 08/784,087
Now, we will turn to claims 31 through 36 which recite an
"IrDA protocol stack, for providing transaction support for IrDA-
compatible systems including a transceiver device and a host
adapted for Ir transmission therebetween, said protocol stack
being incorporated in at least one of said transceiver and host
. . . ." The Examiner appears to be arguing that the Appellant's
claimed invention is non-functional descriptive matter which is
non-statutory under § 101. See page 5 of the Examiner's answer.
Appellant argues that the claim is directed to a manufacture
incorporated in a transceiver and/or host. See pages 21 and 22
of the brief.
In In re Lowry, 32 F.3d 1579, 1583, 32 USPQ2d 1031, 1034-35
(Fed. Cir. 1994), our reviewing court held that a claim setting
forth a computer readable medium encoded with a data structure
defining structural and functional interrelationship between the
data structure and the media which permits the data structures
functionality to be realized is statutory. Furthermore, we note
that in In re Lowry, the court noted that Lowry does not seek to
patent the data model in the abstract, but seeks to patent a data
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