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  1. J., and Nies, J., dissent; and Mayer, Clevenger, and Schall, JJ., take no position. There is no indication to the contrary in the statute, and we have found no legislative history indicating a clear Congressional intent that the Commissioners authority to designate the members of a Board panel be limited to the designation of an original panel or that the Board be limited to exercising its rehearing authority only through the panel which rendered an original decision. Conversely, if the Board approves an application, the Commissioner has the option of refusing to sign a patent; an action which would be subject to a mandamus action by the applicant. It may well be that a party could successfully challenge the procedures used in composing the board to hear an appeal in a case similar to this one, for example, by petition to the Commissioner, under the Administrative Procedure Act in a district court, as part of an appeal from the merits of the boards decision, etc. I would affirm the boards decision sustaining the examiners rejection of claims 15-19 to the rasterizer under 35 U. In 1873, George Curtis made certain general observations about patent law, the scope of patentable subject matter being at its heart. to have clear and correct notions of the true scope of a patent right . In this inquiry it is necessary to commence with the process of exclusion; for although, in their widest acceptation, the terms invention and discovery include the whole vast variety of objects on which the human intellect may be exercised, so that in poetry, in painting, in music, in astronomy, in metaphysics, and in every department of human thought, men constantly invent or discover, in the highest and the strictest sense, their inventions and discoveries in these departments are not the subjects of the patent law . The matter of which our globe is composed is the material upon which the creative and inventive faculties of man are exercised, in the production of whatever ministers to his convenience or his wants. The direct control of man over matter consists, therefore, in placing its particles in new relations. Applying classic literal or plain meaning statutory analysis, Judge Schall concludes that the Boards reconsideration decision was invalid because the PTO panel was not the Board intended by the statute: the Board is all forty-plus members described, and nothing less. It does not tell us, or even hint at an answer to: when a rehearing is granted, who appoints the rehearing Board? The inventions in Benson and Flookinvolved such algorithms. In the wake of Diehr and Chakrabarty, the Supreme Court only denies patentable subject matter status to algorithms which are, in fact, simply laws of nature. Neither Alappats digital circuit, nor a mathematical algorithm that replaces it in a computer, is a fundamental law of nature excluded from the scope of section 101. I thus join that portion of Judge Mayers dissent which concludes that the decision of the Board on appeal is invalid because rehearing was not statutorily authorized. The board of appeals shall have sole power to grant rehearings. For the foregoing reasons, I would hold that the Boards reconsideration decision is invalid, and therefore a legal nullity.