Appeal 2007-1089
Application 10/348,277
As used in this application, the terms “component” and
“system” are intended to refer to a computer-related entity,
either hardware, a combination of hardware and software,
software, or software in execution. For example, a component
may be, but is not limited to being, a process running on a
processor, a processor, an object, an executable, a thread of
execution, a program, and a computer. By way of illustration,
both an application running on a server and the server can be a
component. One or more components may reside within a
process and/or thread of execution and a component may be
localized on one computer and/or distributed between two or
more computers [emphasis added].
In addition, the term “media object” as employed in this
application is intended to refer to pictures, photographs, music,
sounds, text, e-mail, movies, video, messages, documents,
slides, movie or video stills, streaming video and/or audio,
and/or any combination thereof and/or any cliplet thereof, and
in any suitable format or file type for carrying out the subject
invention [emphasis added].
(Specification 7, ¶¶ 2, 3).
Therefore, we find the scope of the instant claimed system and
associated components broadly encompasses software, and/or data structures
per se. We further find the scope of the instant claimed media objects
broadly encompasses nonfunctional descriptive material (i.e., pictures,
photographs, music, sounds, text, e-mail, movies, video, messages,
documents, slides, movie or video stills, streaming video and/or audio and/or
any combination thereof) (id.).
We note that descriptive material can be characterized as either
functional descriptive material or nonfunctional descriptive material.
Functional descriptive material consists of data structures and computer
programs which impart functionality when employed as a computer
component. In contrast, nonfunctional descriptive material includes but is
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