Appeal No. 95-4220
Application No. 08/176,297
(h) generating output data indicative of said estimate of
total power;
said output data being used in said circuit design
process to determine whether at least one of (1) the number of
gates of said circuit should be altered and (2) said clock
frequency should be altered.
No references are relied on by the examiner.
Claims 5 through 7 and 12 through 25 stand rejected under
35 U.S.C. 101 as being directed to nonstatutory subject
matter.
Reference is made to the brief and answer for the
respective positions of appellant and the examiner.
OPINION
We reverse.
The examiner applies the Freeman-Walter-Abele test in 2
holding the claimed subject matter to be directed to
nonstatutory subject matter. The most recent interpretation
by the Court of Appeals for the Federal Circuit is that the
2In re Freeman, 573 F.2d 1237, 197 USPQ 464 (CCPA 1978);
In re Walter, 618 F.2d 758, 205 USPQ 397 (CCPA 1980); In re
Abele, 684 F.2d 902, 214 USPQ 682 (CCPA 1982).
3
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