Appeal 2007-2020
Application 10/028,906
Templeton US 6,401,210 B1 Jun. 4, 2000
(filed Sep. 23, 1998)
Chess US 6,711,583 B2 Mar. 23, 2004
(filed Sep. 30, 1998)
Smithson US 6,886,099 B1 Apr. 26, 2005
(filed Sep. 12, 2000)
The rejections as presented by the Examiner are as follows:
1. Claims 1-13 and 27-39 are rejected under 35 U.S.C. § 101 as being
directed to non-statutory subject matter.
2. Claims 1, 2, 7-12, 14, 15, 20-25, 27, 28, and 33-38 are rejected under
35 U.S.C. § 103(a) as unpatentable over Chess and Smithson.
3. Claims 3-6, 13, 16-19, 26,1 29-32, and 39 are rejected under 35 U.S.C
§ 103(a) as unpatentable over Chess, Smithson, and Templeton.
OPINION
§ 101 Rejection
The Examiner rejected claims 1-13 under 35 U.S.C. § 101 in the Final
Rejection, and, in a new ground of rejection in the Answer, additionally
rejected claims 27-39. According to the Examiner, all the rejected claims
represent computer listings per se. “In contrast, a claimed computer-
readable medium encoded with a computer program defines structural and
functional interrelationships between the computer program and the medium
which permit the computer program’s functionality to be realized, and is
thus statutory.” (Answer 3.)
Appellants’ response is that in claims 1-13 Appellants claim a
computer program product for operating a computer to review files for
1 (See Answer 10.)
3
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Last modified: September 9, 2013