Ex Parte Casazza - Page 14



            Appeal No. 2006-2228                                                                   
            Application No. 10/231,678                                                             

                  My conclusion that a "signal" does not fit within any of the four                
            categories of § 101 is consistent with In re Bonczyk, 10 Fed. Appx. 908 (Fed.          
            Cir. 2001) (unpublished) ("fabricated energy structure" does not correspond to         
            any statutory category of subject matter and it is unnecessary to reach the            
            alternate ground of affirmance that the subject matter lacks practical utility) and    
            with the Interim Guidelines for Examination of Patent Applications for Patent          
            Subject Matter Eligibility, 1300 Off. Gaz. Patent and Trademark Off. (O.G.)            
            142, 152 (Nov. 22, 2005), in the section entitled "Electro-Magnetic Signals."          
            C. CONCURRENCE                                                                         
                  Upon consideration of the record, and for the reasons given I agree, the         
            decision of the Examiner rejecting claims 35, 37, and 38 under 35 U.S.C. § 101         
            for failing to recite statutory subject matter is affirmed.                            
                                            AFFIRMED                                               
                                                           )                                       
                                                           )   BOARD OF PATENT                     
                                                           )                                       
                        ALLEN R. MacDONALD                 )     APPEALS AND                       
                        Administrative Patent Judge        )                                       
                                                           )    INTERFERENCES                      
                                                           )                                       
            JS/pgc                                                                                 

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