Appeal No. 97-0777
Application 08/083,587
parameters which are to be factored into the calculation.
According to the appellants' disclosure, and as conceded by
the examiner (see note 2, supra), the predicted or calculated
air discharge temperature may be used to control the HVAC
system. Thus, the subject matter recited in the claims has a
practical application, i.e., a useful, concrete and tangible
result, and is not merely a disembodied mathematical concept
which in essence represents nothing more than a law of nature,
natural phenomenon or abstract idea. Accordingly, the
examiner's determination that the appellants' claims are drawn
to non-statutory subject matter is unsound.
Therefore, we shall not sustain the standing 35 U.S.C. §
101 rejection of claims 1 through 14.
In summary and for the above reasons, the decision of the
examiner to reject claims 1 through 14 under 35 U.S.C. § 112,
first paragraph, and under 35 U.S.C. § 101 is reversed.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
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