Ex Parte EISNER - Page 5




          Appeal No. 2000-1195                                                        
          Application No. 08/668,737                                                  


          examiner (answer, page 4) that the broadly recited method steps             
          of claims 1 through 15 are “not within the ‘technological arts’”            
          and do not satisfy the statutory requirements of 35 U.S.C. § 101.           
          Appellant’s arguments (reply brief, page 2) to the contrary                 
          notwithstanding, the declaration submitted by Mr. Raitosola fails           
          to prove a “practical application” of method claims 1 through               
          15 because the claims on appeal are not limited to a computer               
          “software program” application.  Thus, the 35 U.S.C. § 101                  
          rejection of claims 1 through 15 is sustained because “the                  
          resulting correlation is merely an abstract idea without a                  
          ‘practical application’” (answer, page 5).                                  



















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