In re Nuijten

Case Number: CLB0165

Date: 09.20.2007

Citation: 84 U.S.P.Q.2d 1495 (Fed. Cir. 2007)

Claims directed to “[a] signal with embedded supplemental data” require some physical carrier of information, such as an electromagnetic wave, in which information is embedded; however, transitory forms of signal transmission, such as an electromagnetic wave or an electrical signal, cannot be considered to fall within any of the four statutory classes under 35 U.S.C. § 101 and, thus, are not patentable.

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