Ex Parte DORST et al - Page 3




             Appeal No. 1998-1733                                                                                     
             Application No. 07/617,303                                                                               


             the Court of Appeals for the Federal Circuit vacated its original decision of December                   
             19, 1994 and remanded this application for reconsideration in view of the new                            
             guidelines adopted by the U.S. Patent and Trademark Office for examination of                            
             computer-related inventions.  On remand and reconsideration, the examiner again                          
             rejected the claimed subject matter, as to claims 1-15, 17-23 and 33, under 35 U.S.C.                    
             § 101 as being directed to nonstatutory subject matter and this appeal followed.                         
                    Representative independent claim 1 is reproduced as follows:                                      
                    1.  A method for determining at least one physical motion specification for                       
                    a physical object comprising executing the following steps in at least one                        
                    digital data processing device and at least one computer readable storage                         
                    medium that is included in or coupled with the at least one digital data                          
                    processing device:                                                                                
                           a)   embodying, in the at least one computer readable storage                              
                    medium,  a configuration space data structure representing a physical                             
                    task space that surrounds the physical object in physical reality, the                            
                    configuration space data structure including signals representing the                             
                    physical object and the physical task space; and                                                  
                           b)   propagating cost waves, in the configuration space data                               
                    structure, to fill the configuration space data structure with cost values                        
                    according to a space variant metric, the cost values representing physical                        
                    aspects of the physical task space with respect to the physical motion of                         
                    the physical object.                                                                              
                    No references are relied upon.                                                                    




                    Claims 1-15, 17-23 and 33  stand rejected under 35 U.S.C. § 101 as being                          

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