Ex Parte Downs et al - Page 2



               Appeal No. 2006-2765                                                                         
               Application No. 10/372,160                                                                   

                      Claim 1 is illustrative of the claimed invention, and it reads as                     
               follows:                                                                                     
                      1. A computer-implemented global optimization system comprising:                      
                         an input component that receives a problem, the problem being                      
               based, at least in part, upon a mathematical function;                                       
                      an optimization component that employs a quantum mechanical                           
               tunneling technique in connection with determining an optimal solution of                    
               the problem from among a plurality of solutions, the determination being                     
               based, at least in part, upon utilities associated with the respective solutions;            
               and,                                                                                         
                      an output component that provides the optimal solution determined                     
               by the optimization component.                                                               
                      The references relied on by the examiner are:                                         
               Atkins el al. (Atkins), “Molecular Quantum Mechanics,” Oxford University                     
               Press, Third Edition, 1997, pages 54 though 56, 164 though 201 and 304                       
               through 308.                                                                                 
               Gomez et al. (Gomez), “The Tunnelling Method For Solving The                                 
               Constrained Global Optimization Problem With Several Non-Connected                           
               Feasible Regions,” Lecture Notes in Mathematics, Springer-Verlag, Volume                     
               909, 1982, pages 34 though 47.                                                               
                      Claims 1 through 11 and 28 through 30 stand rejected under the                        
               second paragraph of 35 U.S.C. § 112 for indefiniteness.                                      



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