Appeal 2007-1089
Application 10/348,277
unobvious subject matter should be treated as unpatentable. The reason is
that an applicant can always amend to limit the claims to the statutory or
unobvious subject matter.
Analysis
Claim 33
Claim 33 recites:
33. A data packet adapted to be transmitted between two or more
computer processes facilitating editing of media to create new media,
the data packet comprising:
information associated with annotating and correlating any
number of selected media objects, the correlating of the selected
media objects being based, at least in part, upon metadata associated
therewith; and
information associated with embedding a first media object into
a second media object.
The data packet comprises information "adapted to be transmitted
between two or more computer processes." The data packet is "information"
which is not necessarily physical even though it has to be converted to a
physical form, such as an electrical signal, to be transmitted. The data
packet is not recited to be stored on a tangible medium which might be
considered a manufacture under § 101. The data packet is analogous to a
data structure per se, although no arrangement of the information is claimed,
and it does not fall within any of the four categories of § 101. See
Warmerdam, 33 F.3d at 1361, 31 USPQ2d at 1760 (data structure of claim 6
is not in one of the categories of § 101). Alternatively, even if the data
packet impliedly has some physical existence, such an electrical signal,
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