Ex Parte RICE - Page 6




          Appeal No. 2002-1554                                                        
          Application 08/003,996                                                      

               The examiner's reasoning that the claimed electromagnetic              
          signals are nonstatutory subject matter because signals are                 
          "transitory and ephemeral in nature" is not persuasive.  We                 
          decline to expand the analysis beyond the scope of the reasons              
          given by the examiner.  The rejection of claims 2-51 is reversed.           
                                      REVERSED                                        






                         LEE E. BARRETT                )                              
                         Administrative Patent Judge   )                              
                                                       )                              

                                                       ))  BOARD OF PATENT            
                         MICHAEL R. FLEMING            )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )   INTERFERENCES              
                                                       )                              
                                                       )                              
                         RICHARD TORCZON               )                              
                         Administrative Patent Judge )                                












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