United States Court of Appeals for the Federal Circuit
2007-1130
(Serial No. 08/833,892)
IN RE BERNARD L. BILSKI
and RAND A. WARSAW
Appeal from the United States Patent and Trademark Office, Board of Patent Appeals
and Interferences.
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DECIDED: October 30, 2008
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Before MICHEL, Chief Judge, NEWMAN, MAYER, LOURIE, RADER, SCHALL,
BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE, Circuit Judges.
Opinion for the court filed by Chief Judge MICHEL, in which Circuit Judges LOURIE,
SCHALL, BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE join. Concurring
opinion filed by Circuit Judge DYK, in which Circuit Judge LINN joins. Dissenting
opinion filed by Circuit Judge NEWMAN. Dissenting opinion filed by Circuit Judge
MAYER. Dissenting opinion filed by Circuit Judge RADER.
MICHEL, Chief Judge.
Bernard L. Bilski and Rand A. Warsaw (collectively, "Applicants") appeal from the
final decision of the Board of Patent Appeals and Interferences ("Board") sustaining the
rejection of all eleven claims of their U.S. Patent Application Serial No. 08/833,892
("′892 application"). See Ex parte Bilski, No. 2002-2257, 2006 WL 5738364 (B.P.A.I.
Sept. 26, 2006) ("Board Decision"). Specifically, Applicants argue that the examiner
erroneously rejected the claims as not directed to patent-eligible subject matter under
35 U.S.C. § 101, and that the Board erred in upholding that rejection. The appeal was
originally argued before a panel of the court on October 1, 2007. Prior to disposition by