Appeal No. 2001-2627
Application No. 09/472,658
directed to signals in and of themselves. See pages 7, 9 and 32
through 34 of the answer.
Appellant has responded to this rejection stating that claim
34 is not directed to signals in themselves but instead is
directed to covering signals embodied in a computer system.
Appellant argues that the claims are directed to signals embodied
in a distributed computer system in computer memory or in the
network wiring. See page 8 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 structure's
functionality to be realized is statutory. Furthermore, we note
that in Lowry, the court noted that Lowry does not seek to patent
the data model in the abstract, but seeks to patent a data
structure that imposes a physical organization of data that
supports specific data manipulation functions. See, Lowry,
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