Wednesday, April 1, 2009

Software per se--arguing against 101

Above is aBPAI decision stating that "a component executing on a computer" in the body of the claim means that the claim is not software per se.

"Regarding the non-statutory test, while the storage of information in independent claim 1 could arguably be done as a mental process, the recitation of a structured relationship between multiple stores that requires 'path information' inherently implies that this information must be stored on a computer or database. This 'particular' computer or database is sufficient structure to meet the machine prong of the machine-or-transformation test of In re Bilski."
Ex parte Borenstein.

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