Opinion · Court of Appeals for the Federal Circuit

In Re Gary M. Beauregard, Larry K. Loucks, Khoa Dang Nguyen and Robert J. Urquhart

In Re Gary M. Beauregard, Larry K. Loucks, Khoa Dang Nguyen & Robert J. Urquhart, 53 F.3d 1583 (Fed. Cir. 1995)

Type
Opinion
Court
Court of Appeals for the Federal Circuit
Jurisdiction
Federal
Date
1995-05-12
Topic
bankruptcy

How later courts describe this case

  • vacating decision by Board of Patent Appeals and Interferences in light of concession by Commissioner of Patents and Trademarks “that computer programs embodied in a tangible medium, such as floppy diskettes, are patentable subject matter under 35 U.S.C. § 101”
  • PTO stating it will treat such claims as patent eligible subject matter

Citator

UpLaw has not yet analyzed In Re Gary M. Beauregard, Larry K. Loucks, Khoa Dang Nguyen and Robert J. Urquhart. The absence of a flag is not a finding that it is good law.

Cited by
16 opinions
IN RE BEAUREGARD,53 F.3d 1583(Fed. Cir. 1995)
IN RE GARY M. BEAUREGARD, LARRY K. LOUCKS, KHOA DANG NGUYEN AND ROBERT J.
URQUHART.
No. 95-1054.
United States Court of Appeals, Federal Circuit.
May 12, 1995.
Nancy J. Linck, Sol., Albin F. Drost, Deputy Sol. and Richard Torczon, Associate Sol., Office of the Sol., Arlington, VA, were on the Com'r of Patents and Trademarks motion to dismiss for lack of jurisdiction.

Robert Greene Sterne, Sterne, Kessler, Goldstein Fox, Washington, DC, was on Appellants' response to the Com'rs motion to dismiss for lack of jurisdiction.
Appeal from the Board of Patent Appeals and Interferences.
[1] ON MOTION
[2]ORDER
ARCHER, Chief Judge.
[3] The Commissioner of Patents and Trademarks moves to dismiss Gary M. BeauregardPage 1584et al.'s appeal. Beauregard responds stating that vacatur or reversal of the Board of Patent Appeals and Interferences' decision and remand to the Board is the appropriate disposition. Beauregard requests that the remand order be issued as a precedential order.

[4] Briefly, on August 4, 1994, the Board rejected Beauregard's computer program product claims on the basis of the printed matter doctrine. Beauregard appealed. The Commissioner now states "that computer programs embodied in a tangible medium, such as floppy diskettes, are patentable subject matter under35 U.S.C. § 101and must be examined under35 U.S.C. § 102and 103." The Commissioner states that he agrees with Beauregard's position on appeal that the printed matter doctrine is not applicable. Thus, the parties are in agreement that no case or controversy presently exists.

[5] Accordingly,

[6] IT IS ORDERED THAT:

[7] The Board's decision is vacated and the case is remanded for further proceedings in accordance with the Commissioner's concessions.Page 303