Ex parte KATZ - Page 3




          Appeal No. 95-0633                                                          
          Application 07/728,426                                                      


          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the brief and the answer for                 
          the respective details thereof.                                             


          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejections advanced by the examiner and the                     
          reasons relied upon by the examiner as support for the                      
          rejections.  We have, likewise, reviewed and taken into                     
          consideration, in reaching our decision, the appellant’s                    
          arguments set forth in the brief along with the examiner’s                  
          rationale in support of the rejections and arguments in                     
          rebuttal set forth in the examiner’s answer.                                
          It is our view, after consideration of the record before                    
          us, that claims 22-25 are directed to statutory subject matter              
          within the meaning of 35 U.S.C. § 101.  We are also of the                  
          view that claims 22-25 recite the invention in a manner which               
          complies with 35 U.S.C. § 112.  Accordingly, we reverse.                    
               We consider first the rejection of claims 22-25 under                  
          35 U.S.C. § 101 as being directed to nonstatutory subject                   
          matter in the form of a mathematical algorithm.  The brief and              
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