Appeal No. 97-0244
Application 08/042,357
101, we sustain this rejection.
We sustain this rejection even though the examiner's
reas-oning in part relies upon the so-called Freeman-Walter-
Abele test which has been disfavored in State Street Bank &
Trust Co. v. Signature Financial Group, Inc., 149 F.3d 1368,
1374, 47 USPQ2d
1596, 1601 (Fed. Cir. 1998). It appears that numeric values
per se are determined in claims 3 and 4 in the form of the
recited "values" as well as the encoded representation for
these "values". There is nothing recited in these claims
representing any thing or any signal representing a thing or
physical phenomena. The claims merely recite a mathematical
algorithm or operations or calculations. There is no recited
application of or no "employment" of such mathematical
functions recited in the claims leading us to conclude there
is no stated practical utility for the subject matter recited
in claims 3 and 4 on appeal. Essentially, these claims recite
a mathematical encoding operation in claim 3 and a
4
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