Appeal No. 2006-0673 Page 10
Application No. 09/919,555
claim recites a method of making an array rather than a method of using the array.
Because claim 1 does not specify that the claimed processor actually uses the data to
perform any function, the claimed 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" (emphasis added) merely states an
intended use of the data by the processor. Therefore, the phrase is not entitled to
patentable weight.
As aforementioned, the appellants argue, "that the[ir] [claimed] array related
data . . . are instructions (i.e., executable by a processor). . . ." (Reply Br. at 14.) The
appellants' specification, however, provides no support for their argument that the
claimed "data" comprise processor-executable instructions, i.e., microcode.2
To the contrary, the specification characterizes the data as merely representing
information rather than executable instructions. To wit, the specification explains that
"[o]nce processor 162 has retrieved the array related data it can use such data to either
control reading of the array or to process information obtained from reading the array."
(Spec., p. 18, ll. 1-2.) More specifically, the "retrieved array related data [may]
2Microcode is defined as "the microinstructions esp. of a microprocessor."
Webster's Ninth New Collegiate Dictionary 750 (1990).
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007