Appeal No. 2006-2228 Application No. 10/231,678 practical application by producing a "useful, concrete, and tangible result." This citation to State Street Bank confuses the issue of patentability under 35 U.S.C. § 101 with respect to the pending independent claims. (emphasis added) B. DISCUSSION Appellant has admitted that in claims 35, 37, and 38, the “computer- readable signal bearing media” includes “intangible embodiments (wireless transmissions).” On its face, this in turn includes “carrier waves” or “propagated signals” which are not statutory subject matter. A case involving this issue is presently on appeal to the Federal Circuit: In re Nuijten, No. 06- 1301. A man-made signal represents coded information. A signal can be an abstract quantity describing the information or a measurable physical quantity (e.g., the fluctuations of an electrical quantity, such as voltage) containing information. See In re Walter, 618 F.2d 758, 770, 205 USPQ 397, 409 (CCPA 1980) ("The 'signals' processed by the inventions of claims 10-12 may represent either physical quantities or abstract quantities; the claims do not require one or the other"). Here we interpret the “computer-readable signal bearing media” of -9-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007