Ex parte NG et al. - Page 3




                 Appeal No. 1997-1416                                                                                                                   
                 Application 08/277,386                                                                                                                 


                          decreasing a value of a second most significant byte                                                                          
                 corresponding to said second word in response to said second                                                                           
                 borrowing condition;                                                                                                                   

                          subtracting said first most significant byte from said                                                                        
                 second most significant byte to obtain a first result; and                                                                             
                          converting said first result into proper thermometer code                                                                     
                 format.                                                                                                                                
                 No references are relied on by the examiner.                                                                                           
                 The following rejections are on appeal before us:                                                                                      
                 1. Claims 17-29 and 45-57 stand rejected under 35 U.S.C.                                                                               
                 § 101 as being directed to non-statutory subject matter in the                                                                         
                 form of a mathematical algorithm.                                                                                                      
                 2. Claims 17-29 and 45-57 also stand rejected under 35                                                                                 
                 U.S.C. § 112, second paragraph, as failing to particularly                                                                             
                 point out and distinctly claim the invention.                                                                                          
                 3. Claims 17-29 and 45-57 stand provisionally rejected                                                                                 
                 under the judicially created doctrine of double patenting over                                                                         
                 the claims of Application No. 07/954,133 .                              1                                                              
                 Rather than repeat the arguments of appellants or the                                                                                  


                          1Application 07/954,133 is a parent application to this                                                                       
                 application on appeal.  The parent application has since                                                                               
                 issued as U. S. Patent No. 5,699,287 granted on December 16,                                                                           
                 1997.                                                                                                                                  
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