Appeal No. 94-2926
Application No. 07/777,045
i.e. fluid dynamic properties in general.
Nonetheless, the claims appear to be drawn to
solving a mathematical problem and must be further
analyzed to determine if the claims merely
manipulate numbers (i.e. "Freeman-Walter-Abele
test").
The examiner’s analysis of the claimed invention concludes
with the observation (Supplemental Answer, page 7) that "when
the claimed subject matter is viewed as a whole, it is
directed toward an improved method of solving a given
mathematical algorithm in fluid dynamics and is thus non-
statutory."
Appellant argues (Brief, page 5) that "a three-
dimensional fluid flow is a physical thing," and that "a
three-dimensional fluid flow’s velocity field is not an
abstract number, but is related to the fluid’s activity."
Reference is made to the brief and the answers for
further positions of the appellant and the examiner.
OPINION
The nonstatutory subject matter rejection is reversed.
With respect to the examiner’s reliance on the so-called
Freeman-Walter-Abele test, the Court recently stated in State
St. Bank & Trust Co. v. Signature Fin. Group Inc., 149 F.3d
3
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Last modified: November 3, 2007