Ex parte SUTTON - Page 3




                     Appeal No. 94-4200                                                                                                                                                
                     Application 07/979,139                                                                                                                                            


                                                                calculating,                                                                                                           
                                                                           $  = $ +2*x h                                                                                               
                                                                             i  i                i i    n                                                                              
                                                                                                                                                                                      
                                                                                            $i(t)             2                $ (t)                                                   
                                                                k (t) = x (t)ei           i                   /(R + E x (t) j )         j                                                               
                                                                                                           j=1                                                                         
                                                     w (t+1) = w (t)+k (t)*(t)x (t)i                  i           i                  i                                                                           
                                h  (t+1) = [h (t) + k (t)*(t)][l - k (t)x (t)] .                                              t                                                        
                                  i                       i           i                              i             i                                                                  


                                The Examiner does not rely on any references.                                                                                                          
                                Claim 1 stands rejected under 35 U.S.C. 101 as being non-                                                                                              
                     statutory subject matter.  Claim 1 is also rejected under 35                                                                                                      
                     U.S.C. § 112, second paragraph.                                                                                                                                   
                                Rather than reiterate the arguments of Appellant and the                                                                                               
                     Examiner, reference is made to the brief and answers  for the                                                   2                                                 
                     respective details thereof.                                                                                                                                       
                                                                                    OPINION                                                                                            
                                After a careful consideration of the record before us, we                                                                                              
                     will not sustain the 35 U.S.C. § 101 rejection of claim 1.                                                                                                        
                                With respect to the mathematical algorithm exception, the                                                                                              
                     Federal Circuit in State Street Bank v. Signature Financial,                                                                                                      

                                2The Examiner responded to the brief with an Examiner's                                                                                                
                     answer, mailed June 14, 1994.  The Examiner mailed a                                                                                                              
                     supplemental Examiner's answer on May 20, 1996.  The Examiner                                                                                                     
                     mailed a second supplemental Examiner's answer on July 30,                                                                                                        
                     1996.                                                                                                                                                             
                                                                                          3                                                                                            





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