Ex parte BEETCHER et al. - Page 3




           Appeal No. 95-1888                                                                     
           Application 08/011,042                                                                 


           manipulations occurring within a computer.                                             
                 Rather than repeat the positions of the appellants and                           
           the examiner, reference is made to the various briefs and                              
           answers,                                                                               


           as well as the final rejection, for the respective details                             
           thereof.                                                                               
                                            OPINION                                               
                 Generally, for the reasons expressed by appellants in the                        
           briefs on appeal, we reverse the outstanding rejection of                              
           claims 1-26 under 35 U.S.C. § 101.                                                     
                 At the outset, we do not agree with the examiner’s view                          
           that the claims are directed merely to mathematical                                    
           algorithms, per se.  To the extent the claims recite any                               
           mathematical algorithms or operations, they do so indirectly.                          
           We also do not agree with the examiner’s characterization that                         
           the claims on appeal merely involve abstract manipulations on                          
           or within a computer.  Each independent claim 1, 9, 16 and 20                          
           on appeal in some way relates to controlling access to                                 
           software executing on a general purpose digital computer for                           
           the purpose of preventing unlicensed persons from executing                            
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