Appeal No. 94-0570
Application 07/389,382
The pending claims (Claims 18-28) all stand rejected
under 35 U.S.C. § 101 as being drawn to non-statutory subject
matter. Claims 24 and 25 additionally stand rejected under 35
U.S.C.
§ 112, first paragraph, as lacking a written description.
Rejection for non-statutory subject matter
The relevant law is stated in State St. Bank v. Signature Fin.
Group, 149 F.3d 1368, 1373, 47 USPQ2d 1596, 1601 (Fed. Cir. 1998),
cert. denied 1999, U.S. App. LEXIS 493 (U.S.
Jan. 11, 1999):
Today, we hold that the transformation of data,
representing discrete dollar amounts, by a machine
through a series of mathematical calculations into a
final share price, constitutes a practical
application of a mathematical algorithm . . .
The present claims, all drafted in means-plus-function
format, are directed to apparatus for determining an optimized
portfolio of equity stocks. Appellant’s disclosed means is an
IBM compatible personal computer (386-20Mhz CPU, 80387 co-
processor) programmed with the computer programs listed in
Appendices I through IV of the Specification.
Thus, similar to the invention in State Street, the
claimed invention uses a certain computer to transform data
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