Ex parte KISHI et al. - Page 15




          Appeal No. 95-4187                                                          
          Application 07/835,374                                                      



          should be made subject to a rejection under 35 U.S.C. § 101 as              
          being directed to non-statutory subject matter.  It appears to              
          me that substantially all claims encompass and are so broad as              
          to be directed to an abstract idea or intellectual concept of               
          problem-solving without limit.  Twenty two of the twenty five               
          pending claims are not applied in any manner to a train                     
          scheduling environment.  It is significant that method claims               
          1 to 21 and system claims 22 to 25 do not recite an expert                  
          system or computerized system per se.  Instead, they merely                 
          recite only broadly defined problem-solving methods or a                    
          system, both of                                                             


          which expansively encompass mental or thought processes of                  
          storing or memorizing information or such problem solving                   
          using pencil and paper.  The claims are directed to abstract                
          processes of solving problems not necessarily being performed               
          by a machine or computer; they also do not appear to be                     
          directed to any practical utility except perhaps for dependent              
          claims 23   through 25.  The disclosed train scheduling basis               
          is not recited in each independent claim on appeal.  Even in                

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