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| | Robert C. Kain, P.A. - Computer Software Patents (Site not responding. Last check: 2007-10-31) |
 | | A patent claim for a computer-readable medium encoded with a data structure or computer program defines structural and functional interrelationships between the data structure and the medium which permit the data structure's functionality to be realized. |
 | | The examiner must (a) determine what the programmed computer does, i.e., the functionality of the programmed computer; (b) how the computer is configured, i.e., what elements constitute the programmed computer and how those elements are configured and interrelated; and (c) the relationship of the programmed computer to other devices, materials or processes outside the computer. |
 | | Although the new examination guidelines propose a better analytical framework for determining whether a computer program for a mathematical formula, for example, is patentable, in view of the disclaiming language in the introductory portion of the guidelines, it is uncertain whether every examiner in the Patent and Trademark Office will adhere to the guidelines. |
| www.fleitkain.com /page3pub.html (2166 words) |
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