Appeal 2006-1601
Application 09/828,579
nothing in the claim precludes the systematic method that governs the reasoning
from being textual instructions about the reasoning to be performed by a person.
For purposes of this rejection we adopt this broader definition of “logic.”
Thus, we conclude that claim 11 merely requires a paper with (1) printed
textual instructions for a person to follow to identify that a future rate plan is to be
changed, (2) printed textual instructions for a person to follow to select the future
rate plan desired, and (3) printed textual instructions for a person to follow to
implement the future rate change, so as to provide information for use in future rate
changes in a billing system.
We conclude that the “logic” of claim 11 does not require a computer
program that implements functions on a computer system or a data structure that
modifies a function of the computer system. Rather, the “logic” may be merely
textual instructions that do not impart any functionality to a computer system, i.e.,
the “logic” is merely non-functional descriptive material. See Interim Guidelines
for Examination of Patent Applications for Patent Subject Matter Eligibility
(Interim Guidelines), 1300 Off. Gaz. Pat. Office 142, 151 (Nov. 22, 2005).
(“‘[F]unctional descriptive material’ consists of data structures and computer
programs which impart functionality when employed as a computer component.
. . . ‘Non-functional descriptive material’ includes but is not limited to music,
literary works and a compilation or mere arrangement of data.”).
When nonfunctional descriptive material is recorded on some
computer-readable medium, in a computer or on an electromagnetic
carrier signal, it is not statutory since no requisite functionality is
present to satisfy the practical application requirement. Merely
claiming nonfunctional descriptive material, i.e., abstract ideas, stored
in a computer-readable medium, in a computer, on an electromagnetic
carrier signal does not make it statutory. See Diehr, 450 U.S. at 185-
86, 209 USPQ at 8 (noting that the claims for an algorithm in Benson
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