United States Court of Appeals for the Federal Circuit
2007-1130(Serial No. 08/833,892)IN RE BERNARD L. BILSKIand RAND A. WARSAWAppeal from the United States Patent and Trademark Office, Board of Patent Appealsand Interferences. __________________________ DECIDED: October 30, 2008 __________________________ 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. Concurringopinion filed by Circuit Judge DYK, in which Circuit Judge LINN joins. Dissentingopinion filed by Circuit Judge NEWMAN. Dissenting opinion filed by Circuit JudgeMAYER. Dissenting opinion filed by Circuit Judge RADER.MICHEL, Chief Judge.Bernard L. Bilski and Rand A. Warsaw (collectively, "Applicants") appeal from thefinal decision of the Board of Patent Appeals and Interferences ("Board") sustaining therejection 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 wasoriginally argued before a panel of the court on October 1, 2007. Prior to disposition by