Appeal 2006-1601
Application 09/828,579
transforming or reducing an article to a different state or thing” from Diehr, the
AT&T court noted the usage of “e.g.” “denotes an example, not an exclusive
requirement.” Id. at 1359, 50 USPQ2d at 1452. AT&T went on to cite the
transformation of intangible data signals in the method claim of Arrhythmia
Research Technology Inc. v. Corazonix Corp., 958 F.2d 1053, 1059, 22 USPQ2d
1033, 1038 (Fed. Cir. 1992), as an example that qualifies as a § 101 “process” in
addition to the Supreme Court’s test. See id. at 1359, 50 USPQ2d at 1452.
Accordingly, the Federal Circuit has consistently used its own “data
transformation” test in assessing the eligibility of various machine-implemented
claims. In Alappat, the court held that “data, transformed by a machine” “to
produce a smooth waveform display” “constituted a practical application of an
abstract idea.” State Street, 149 F.3d at 1373, 47 USPQ2d at 1601. Specifically,
the court in Alappat stated that the claimed invention as a whole was directed to a
machine for “converting discrete waveform data samples into anti-aliased pixel
illumination intensity data to be displayed on a display means.” 33 F.3d 1526,
1544, 31 USPQ2d 1545, 1557 (Fed. Cir. 1994) (en banc). In Arrhythmia, the court
held “the transformation of electrocardiograph signals” “by a machine”
“constituted a practical application of an abstract idea.” State Street, 149 F.3d at
1373, 47 USPQ2d at 1601. Specifically, the court in Arrhythmia stated “the
number obtained is not a mathematical abstraction; it is a measure in microvolts of
a specified heart activity, an indicator of the risk of ventricular tachycardia.” 958
F.2d at 1062, 22 USPQ2d at 1039. Likewise, in State Street, the court held that
“the transformation of data” “by a machine” “into a final share price, constitutes a
practical application of a mathematical algorithm” because “a final share price [is]
momentarily fixed for recording and reporting purposes and even accepted and
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