Ex parte SUTTON - Page 8




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


          comprising an input port for receiving a plurality of time                  
          dependent inputs, a processor for calculating from the time                 
          dependent input a predicted value and a computer memory                     
          associated with the processor.  Furthermore, we find that                   
          Appellant's claim 1 recites subject matter that constitutes a               
          practical application of a mathematical algorithm because it                
          produces a useful, concrete and tangible result by using a                  
          specific machine to learn a time dependent pattern sequence                 
          from receiving a plurality of time dependent inputs.                        
          Therefore, we find statutory subject matter.                                
               Claim 1 stands rejected under 35 U.S.C. § 112, second                  
          paragraph.  The Examiner argues that h  is not clearly defined              
                                                i                                     
          and the language "a per input memory parameter" is unclear.                 
               Analysis of 35 U.S.C. § 112, second paragraph, should                  
          begin with the determination of whether claims set out and                  
          circumscribe the particular area with a reasonable degree of                
          precision and particularity; it is here where definiteness of               
          the language must be analyzed, not in a vacuum, but always in               
          light of teachings of the disclosure as it would be                         
          interpreted by one possessing ordinary skill in the art.  In                


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