Ex parte SIEMERS - Page 2




                 Appeal No. 1998-2849                                                                                     Page 2                        
                 Application No. 08/584,158                                                                                                             


                          We REVERSE and enter a new rejection pursuant to 37 CFR                                                                       
                 § 1.196(b).                                                                                                                            
                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a method or game                                                                         
                 process for measurement of the emotional distance between two                                                                          
                 or more preselected individuals.  A copy of the claims under                                                                           
                 appeal appears in the appendix to the appellant's brief.                                                                               


                          The prior art reference of record relied upon by the                                                                          
                 examiner in rejecting the appealed claims is:                                                                                          
                 Wright                                       4,893,819                                             Jan. 16,                            
                 1990                                                                                                                                   



                          Claims 35 through 74 stand rejected under 35 U.S.C. § 101                                                                     
                 as being drawn to non-statutory subject matter.                                                                                        


                          Claims 35 through 74 stand rejected under 35 U.S.C. §                                                                         
                 112, first paragraph, as the specification, as originally                                                                              


                          2(...continued)                                                                                                               
                 1997, by final rule notice, 62 Fed. Reg. 53131 (Oct. 10,                                                                               
                 1997), 1203 Off. Gaz. Pat. Office 63, (Oct. 21, 1997).                                                                                 







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