Ex parte DAVIS et al. - Page 5




          Appeal No. 97-0777                                                          
          Application 08/083,587                                                      


          are limits to § 101 and every discovery is not embraced within              
          the statutory terms.  Excluded from such patent protection are              
          laws of nature, physical phenomena and abstract ideas.                      
          Diamond v. Diehr, 450 U.S. 175, 185 (1981).  Certain types of               
          mathematical subject matter, standing alone, represent nothing              
          more than abstract ideas until reduced to some type of                      
          practical application, i.e., a useful, concrete and tangible                
          result.   State St. Bank & Trust Co. v. Signature Fin. Group                
          Inc., 149 F.3d 1368, 1373, 47 USPQ2d 1596, 1600-01 (Fed. Cir.               
          1998); In re Alappat, 33 F.3d 1526, 1542-1543, 31 USPQ2d 1545,              
          1556-57 (Fed. Cir. 1994).  The proper inquiry when dealing                  
          with mathematical subject matter is to see whether the claimed              
          subject matter as a whole is a disembodied mathematical                     
          concept, which in essence represents nothing more than a law                
          of nature, natural phenomenon or abstract idea.  Id.                        
               Claims 1 through 14 are directed to a method and system                
          for predicting air discharge temperature in a control system                
          which, in turn, controls a heating, ventilation and air                     
          conditioning (HVAC) system of a vehicle which discharges a                  
          parcel of air to a passenger cabin.  These claims respectively              
          recite steps and means for sensing or determining various HVAC              
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