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 Cir. 2001) (unpublished) ("fabricated energy structure" does not correspond to any statutory category of subject matter and it is unnecessary to reach the alternate ground of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 -14-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007