Ex parte WAGNER - Page 4




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


          were found to be nonstatutory because (Answer, paper number                 
          11, page 2) :                                                               
                    The claims are not statutory even though the                      
               invention is a series of steps performed on a                          
               computer because the steps do not perform                              
               independent physical acts or manipulate data                           
               representing physical objects or activities to                         
               achieve a practical application.  In fact, the                         
               claimed invention merely solve [sic, solves] a                         
               purely mathematical problem (i.e., segmenting an                       
               equation into manageable blocks so as to solve a                       
               mathematical problem) without any limitation to a                      
               practical application.                                                 
               Reference is made to the brief and the answers for the                 
          respective positions of the appellant and the examiner.                     
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will reverse the rejections of claims 3 through 5 under              
          the first paragraph of 35 U.S.C. § 112, and 35 U.S.C. § 101.                
               Appellant’s response (Brief, pages 7 through 10) to the                
          lack of enablement rejection is reproduced in toto:                         
                    As Appellant points out in his specification at                   
               page 6, lines 8-20 and page 9, lines 8-19,                             
               generation of a multiblock grid model is known in                      
               the art and does not comprise part of Appellant’s                      
               invention.  Appellant is using one such known grid                     
               generation tool to create the overlapping multiblock                   
               grid model that makes the coupling method of the                       
               present invention possible.  Accordingly, Appellant                    
               is providing herewith a copy of the cited reference.                   
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