Ex parte BILLON - Page 4




          Appeal No. 2000-0168                                                        
          Application No. 08/934,393                                                  


          27, 37, 38, 41 through 43, and 45 through 53 (brief at page                 
          12, et seq.) that the examiner’s analysis fails to consider                 
          the claims as a whole and that the examiner misunderstands the              
          definition of                                                               




          “industrial system”.  Appellant continues, brief at page 13,                
          that: “the rejection, [sic] erroneously relies on the now                   
          reversed State Street Bank . . . ”  Appellant further argues,               
          Id. at page 14, that: “[t]he examiner looks only to the                     
          operation of the algorithm and fails to look to the entire                  
          process claims.”  The examiner responds, answer at page 4,                  
          that: “[t]he application contains no disclosure relating to                 
          means of implementing any of the end uses recited in claims                 
          . . .  .  The claims are essentially directed to the method of              
          calculating numbers to determine the unsatisfiability of input              
          terms in a mathematical algorithm.”  The examiner further                   
          responds, Id., that: “[i]n State Street Bank, the U.S. Court                
          of Appeals for the Federal Circuit ruled that the claims                    
          involved produced ‘a useful, concrete and tangible result’.”                


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