Ex parte HIRSHBERG - Page 6




          Appeal No. 1998-0650                                                        
          Application 08/548,794                                                      


               Significantly, the court concluded its analysis of the                 
          mathematical algorithm issue as follows:  "The question of                  
          whether a claim encompasses statutory subject matter should                 
          not focus on which of the four categories of subject matter a               
          claim is directed to . . . but rather on the essential                      
          characteristics of the subject matter, in particular, its                   
          practical utility." Id.  With respect to the Freeman-Walter-                
          Abele test, the Federal Circuit held the district court erred               
          in applying it.  According to the court, after Diehr and                    
          Chakrabarty were decided by the Supreme Court, the test had                 
          "little, if any, applicability to determining the presence of               
          statutory subject matter." Id. at 1601.                                     
               Appellant's claim 1 recites a                                          
               method for generating a statistical representation                     
               of intonational feature information for a text-to-                     
               speech system, the method comprising the steps of:                     
               (a) annotating . . .; (b) with a computer means,                       
               generating a set of structural information regarding                   
               the predetermined text; (c) with the computer means,                   
               generating said statistical representations of                         
               intonational feature information based on the set of                   
               structural information and the intonational feature                    
               annotations; and (d) storing said statistical                          
               representation for use in training a text-to-speech                    
               system.                                                                


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