Appeal 2007-1251
Application 09/451,097
frames of image data," the method steps merely calculate statistics and
generate a numerical value from the statistics. Thus, we find no physical
subject matter being transformed.
We also find that the method of claim 37 fails to produce a useful,
concrete, and tangible result. Specifically, the result of claim 37 is a
numerical representation of a quantity of a feature. However, a number is
neither concrete nor tangible. Thus, claim 37 is an abstract idea that is
nonstatutory under 35 U.S.C. § 101.
ORDER
The decision of the Examiner rejecting claim 37 under 35 U.S.C.
§ 102(b) and claims 1 and 27 under 35 U.S.C. § 103 is reversed. A new
ground of rejection under 35 U.S.C. § 101 is entered against claim 37.
This decision contains a new ground of rejection pursuant to
37 C.F.R. § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960
(August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
37 C.F.R. § 41.50(b) provides "[a] new ground of rejection pursuant to this
paragraph shall not be considered final for judicial review."
37 C.F.R. § 41.50(b) also provides that Appellant, WITHIN TWO
MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of rejection to
avoid termination of the appeal as to the rejected claims:
(1) Reopen prosecution. Submit an appropriate
amendment of the claims so rejected or new evidence relating
to the claims so rejected, or both, and have the matter
reconsidered by the Examiner, in which event the proceeding
will be remanded to the Examiner. . . .
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