Ex parte WAGNER - Page 3




          Appeal No. 94-2299                                                          
          Application No. 07/623,324                                                  


          at updated boundary nodes of the one block overlapping to                   
          interior nodes of the adjoining block use boundary and                      
          interior nodes of the adjoining block, whereby the equation                 
          solutions at updated boundary nodes are coupled between the                 
          one block and the adjoining block.                                          
               Claims 3 through 5 stand rejected under the first                      
          paragraph of 35 U.S.C. § 112 as being based on a nonenabling                
          disclosure.  According to the examiner (Answer, pages 8 and                 
          9):                                                                         
                    Applicant has not adequately disclosed how the                    
               nodes are picked for a given geometry, how the                         
               picked nodes are assembled, and how to determine the                   
               compressibility of the fluid.                                          
                    The determination of the compressibility of the                   
               fluid appears to be where the disclosure is more                       
               lacking.  Applicant has not even disclosed which                       
               equations are used, or the data processing system to                   
               solve the 4,000 equations with the appropriate                         
               software to manage the processing of such a complex                    
               system.                                                                
                    The prior art cited by the Examiner and                           
               Applicant is evidence of the level of skill in the                     
               art.  See Thompson, Composite Grid Generation Code                     
               for General 3-D Regions--the Eagle Code, AIAA                          
               Journal, 1988.  In the fluid flow art the knowledge                    
               of software engineering is rudimentary, at best.                       
               Therefore, given the state in the art in tandem with                   
               the shallowness of the disclosure [sic].  It would                     
               have take [sic, taken] countless man/hours to                          
               develop the invention as presently claimed.                            
               Claims 3 through 5 stand rejected under 35 U.S.C. § 101                
          as being directed to nonstatutory subject matter.  The claims               
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