Ex parte TOMIKAWA et al. - Page 4




          Appeal No. 1998-3335                                                        
          Application 08/014,867                                                      

               from a value of the memory element S  after the integer j              
                                                   m                                  
               exceeds n in step h);                                                  
                         j) analyzing, by the gene information survey                 
               apparatus, the sequences of atomic groups in the first                 
               and second chains of atomic groups using the length of a               
               longest common subsequence; and                                        
                         k) displaying the longest common subsequence and             
               results of the analyzing step on a display device.                     

               The Examiner relies on the following prior art:                        
               The Student Edition of MATLAB (Prentice-Hall, Inc. 1992),              
               Chapter 7 - Matrix Operations, pp. 55-60,                              
               Chapter 14 - Graphing, pp. 107-118, and                                
               Chapter 15 - Control Flow, pp. 119-123.                                
               Claims 31-37 stand rejected under 35 U.S.C. § 101 as                   
          being directed to nonstatutory subject matter as a                          
          "mathematical algorithm."                                                   
               Claims 31-37 stand rejected under 35 U.S.C. § 103(a) as                
          being unpatentable over MATLAB.                                             
               We refer to the Final Rejection (Paper No. 29) and the                 
          Examiner's Answer (Paper No. 35) (pages referred to as "EA__")              
          for a statement of the Examiner's position, and to the                      
          supplemental Appeal Brief (Paper No. 34) and the Reply Brief                
          (Paper No. 36) for a statement of Appellants' arguments                     
          thereagainst.                                                               
                                       OPINION                                        
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