Appeal No. 2004-0403 Application 09/100,684 definition. However, not every process in the dictionary sense is a "process" under §§ 100(b) and 101 within the "useful arts" ("technological arts"). See Parker v. Flook, 437 U.S. 584, 588 n.9, 198 USPQ 193, 196 n.9 (1978) ("The statutory definition of 'process' is broad.... An argument can be made, however, that this Court has only recognized a process as within the statutory definition when it either was tied to a particular apparatus or operated to change materials to a 'different state or thing.'"). Section 100(b) of Title 35 U.S.C. defines "process" to mean "process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material." The definition of "process" to mean "process, art or method" makes it clear that the terms are synonymous. See S. Rep. No. 1979, reprinted in 1952 U.S. Code Cong. & Admin. News at 2409-10. "When Congress approved the addition of the term 'process' to the categories of patentable subject matter in 1952, it incorporated the definition of 'process' that had evolved in the courts" (footnotes omitted), In re Schrader, 22 F.3d 290, 295, 30 UPSQ2d 1455, 1459 (Fed. Cir. 1994), which included this definition from Cochrane v. Deener, 94 U.S. 780, 788 (1877): "A process is . . . an act, or series of acts, performed upon the subject matter to be transformed and reduced to a different state or thing." The transformation definition has frequently been misunderstood to require transformation of an - 9 -Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007