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CLS BANK INTERNATIONAL,

Plaintiff-Appellee,

AND

CLS SERVICES LTD.,

Counterclaim Defendant-Appellee,

v.

ALICE CORPORATION PTY. LTD.,

Defendant-Appellant.

2011-1301

39. A computer program product comprising a computer readable storage medium having computer readable program code embodied in the medium…

Claim 39 thus nominally recites as its subject matter a physical devicea “computer readable storage medium” that would fall into a § 101 category separate from the methods discussed above and would at first blush seem less susceptible to abstractness concerns. But under § 101 we must look past drafting formalities and let the true substance of the claim guide our analysis. Here, although the claim’s preamble appears to invoke a physical object, the claim term “computer readable storage medium” is stated in broad and functional terms incidental to the claimand every substantive limitation presented in the body of the claim (as well as in dependent claims 40 and 41) pertains to the method steps of the program code “embodied in the medium.” Therefore, claim 39 is not “truly drawn to a specific computer readable medium, rather than to the underlying method” of reducing settlement risk using a third-party intermediary.

然前言包含“computer readable storage medium”

可能可以包含特殊的置

似乎可以不必考U.S.C.101

但是程式的步包含的是抽象的方法

是被等同考是否落入U.S.C.101不可利的