Appeal No. 1999-2609
Application No. 08/730,289
disagree that the manipulation of the real estate data is a “transformation” outside the
computer, but we agree with appellants that the manipulation of the real estate data to
generate a weighted final estimate of the valuation of the real estate entity would be a
“useful, concrete, and tangible result” as identified in State Street Bank & Trust Co. v.
Signature Fin. Group, Inc., 149 F.3d 1368, 1374-75, 47 USPQ2d 1596, 1602 (Fed.
Cir. 1998). Therefore, independent claim 1 is directed to more than a mere abstract
idea which has not been applied in the technological arts, and we will not sustain the
rejection under 35 U.S.C. § 101.
Appellants argue that the apparatus of independent claim 11 is directed to statutory
subject matter and argues that claim 11 is drafted in means plus function format and
must be interpreted in light of the structure disclosed in the specification. (See brief at
pages 16-17.) We agree with appellants and find that this claim is directed to a “useful,
concrete, and tangible result.” Therefore, independent claim 11 is directed to more
than a mere abstract idea which has not been applied in the technological arts, and we
will not sustain the rejection under 35 U.S.C. § 101.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-20 under
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