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Federal Circuit Finds Signal Claims Not Patentable

Law360 (September 21, 2007, 12:00 AM EDT) -- A federal appellate court has agreed with the Board of Patent Appeals and Interferences of the U.S. Patent and Trademark Office that signal transmissions cannot be claimed as part of a patent.

In a 2-1 decision Thursday, the U.S. Court of Appeals for the Federal Circuit affirmed the PTO Board’s finding that four claims in Petrus A.C.M. Nuijten’s patent application should be rejected because they describe unpatentable subject matter.

The proposed patent describes a method for embedding a watermark on a signal, such as a digital...
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