Appeal No. 1998-2958
Application No. 08/671,516
The examiner’s view is clearly contrary to law. The instant claims are not directed to any law
of nature but are directed, instead, to a computer-implemented method for determining air/fuel ratio of
an engine’s combustion process (a “process,” within the meaning of 35 U.S.C. §101) and to a system
for determining same (a “machine,” within the meaning of 35 U.S.C. § 101). Each of the claims
requires measurement of a physical quantity and an analysis of the measured quantities in order to
provide data for subsequent calculations. While chemical equations may be descriptions of how certain
elements naturally combine, the instant claims are not directed, as a whole, to such equations. Rather,
the claimed subject matter is directed to a practical use of the equations where measurements are
made, analyses are made and data is input to a processor which employs the equations to reach desired
results. Moreover, each of the claims has a step of or means for selecting a calculation type so there is
even an additional step wherein a choice of which calculation type to employ must be made. Such a
selection, in and of itself, would preclude any rejection of the claims under 35 U.S.C. § 101 as being
directed to a “law of nature.”
The rejection of claims 1-14 under 35 U.S.C. § 101 is reversed.
We turn now to the rejection of the claims under 35 U.S.C. § 103.
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