Ex parte Li
The Board rejected the application of the “useful, concrete and tangible result” test, citing In re Bilski. The Board found that a computer program product claim is a Beauregard claim and considered statutory as a product claim.
The Board rejected the application of the “useful, concrete and tangible result” test, citing In re Bilski. The Board found that a computer program product claim is a Beauregard claim and considered statutory as a product claim.
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.
If an algorithm can be claimed so as to be a machine claim then it is patentable under 35 U.S.C. § 101. The conversion of data into another form of data is patentable if embodied in a machine to carry out this task.