Friday, December 20, 2013

PTAB draws attention to In re Nuijten in Ex parte Curtis

Note footnote 3 of Ex parte Curtis

Should there be further prosecution with respect to claim 25, the Examiner’s attention is directed to In re Nuijten, 500 F.3d 1346 (Fed. Cir. 2007), Subject Matter Eligibility of Computer Readable Media, 1351 OFFICIAL GAZETTE U.S. PAT. & TRADEMARK OFF. 212 (Feb. 23, 2010), and Ex parte Mewherter, 107 USPQ2d 1857 (2013) (“the broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent.”)


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