Appeal No. 96-0065
Application No. 07/969,868
useful, concrete and tangible result - the updated version of
the neuron parameter vector. See State Street Bank & Trust
Co., v. Signature Financial Group, Inc., 149 F.3d 1368, 47
USPQ2d 1596 (Fed. Cir. 1998).
The examiner even admits [answer, paper no. 15, paragraph
(9)] that the “invention is a neural network training
technique for solving problems to save computational time. It
has a practical application.” Clearly, the saving of
computational time is a useful, concrete and tangible result
and there is a practical application of the subject matter
recited in the instant claims. Thus, the claimed subject
matter constitutes patentable subject matter within the
meaning of 35 U.S.C. § 101.
The examiner appears to disregard the practical
application of the claimed subject matter because “all the
activity takes place inside the computer. The computer merely
provides an ‘indication’ when it has finished its computation”
[answer, paper no. 15, paragraph (9)]. Merely because the
claimed subject matter is practiced via a computer is not an
adequate basis for holding the subject matter to be
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