Wednesday, July 03, 2013

101 issue arises in Ex parte Connell

from Ex parte Connell:

We reinstate the Examiner’s rejection of claims 1-17 under 35 U.S.C.
§ 101 as being directed to non-statutory subject matter as set forth at page 6
of the May 20, 2009 Office Action.


Without the “adjusting” step also being performed by the
processor, this transformation step is performed on a disembodied image
(i.e., an abstract data structure rather than an article in the form of a data
structure in a memory). This rejection may be overcome by deleting the
language “one or more of” from claim 1.


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