Appeal 2007-1341
Application 09/894,065
Claim 14 recites a data processing system comprising, among other
things, "maintaining a set of attributes relating to elements in data processing
systems, wherein a desired combination of the attributes in a plurality of
possible combinations of the attributes is used to create a respective group of
elements containing the respective desired combination of the attributes" and
"upon receipt of a notification that a new attribute can be searched,
dynamically updating the set of attributes." However, there is no
corresponding structure recited to perform either of these two quoted claim
limitations.
Claims 16-20 and 30 each depend from claim 14 and are rejected
under 35 U.S.C. § 112, second paragraph, for the same reasons discussed
with respect to claim 14.
35 U.S.C. § 101
Claims 21, 23-27, and 31 are rejected under 35 U.S.C. § 101 as being
directed to non-statutory subject matter.
Claim 21 recites a "computer program product in a computer readable
medium" comprising "first instructions . . .," "second instructions . . .," "third
instructions . . .," and "fourth instructions . . . ." Appellants have admitted
that "[t]he subject matter of claim 21 is directed to a computer program that
performs the method of claim 1 (not specifically shown, page 20, line 18
through page 21, line 4). This claim is a computer program version of
independent claim 1." (Br. 9 (emphasis added).) The Specification, from
page 20, line 18 through page 21, line 4, states that:
the present invention applies equally regardless of
the particular type of signal bearing media actually
used to carry out the distribution. Examples of
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