Appeal No. 2006-0673 Page 8
Application No. 09/919,555
Here, claim 1 recites in pertinent part the following limitations: "saving in a
memory array related data which comprises instructions for selecting one or more
machine readable algorithms for use by a processor on how to read an array or
machine readable algorithms for use by a processor on how to process data from
an array following reading of the array; . . . and forwarding the array related data to a
location remote from where the array is fabricated." (Emphasis added.) Of these
limitations, the phrase "which comprises instructions for selecting one or more machine
readable algorithms for use by a processor on how to read an array or machine
readable algorithms for use by a processor on how to process data from an array
following reading of the array" is not entitled to patentable weight for two reasons.
First, we view the "data which comprises instructions for selecting one or more
machine readable algorithms for use by a processor on how to read an array or
machine readable algorithms for use by a processor on how to process data from an
array following reading of the array" as analogous to unpatentable printed-matter.
"'Where the printed matter is not functionally related to the substrate, the printed matter
will not distinguish the invention from the prior art in terms of patentability.'" In re Ngai,
367 F.3d 1336, 1339, 70 USPQ2d 1862, 1864 (Fed. Cir. 2004) (quoting In re Gulack,
703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed.Cir.1983)). "Although the printed
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