Appeal No. 95-0323
Application 08/051,928
the respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner, and the
reasons relied upon by the examiner as support for the
rejection. We have, likewise, reviewed and taken into
consideration, in reaching our decision, the appellant’s
arguments set forth in the briefs along with the examiner’s
rationale in support of the rejection and arguments in
rebuttal set forth in the examiner’s answers.
It is our view, after consideration of the record before
us, that claims 1-10 are directed to statutory subject matter
within the meaning of 35 U.S.C. § 101. Accordingly, we
reverse.
With respect to the rejection of the claims under 35
U.S.C.
§ 101 as being directed to nonstatutory subject matter in the
form of a mathematical algorithm, the original brief and the
examiner’s answer were filed in the middle of 1994. The Board
remanded this case to the examiner in 1995 for consideration
of the applicability of the Commissioner’s published
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