Ex Parte NYKANEN - Page 6




          Appeal No. 2001-0161                                                        
          Application No. 08/784,087                                                  


          nonstatutory subject matter, unless, of course, its operation               
          does not produce a 'useful, concrete and tangible result.'"  Id.            
          at 1602.  In this case, the court stated that "the transformation           
          of data, representing discrete dollar amounts, by a machine                 
          through a series of mathematical calculations into a final share            
          price, constitutes a practical application of a mathematical                
          algorithm . . . because it produces 'a useful, concrete and                 
          tangible result' . . . ."  Id. at 1601.                                     


               Significantly, the court concluded its analysis 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.                                                
               Appellant's claim 13 recites:                                          
               a method of defining an IrDA protocol stack having a                   
               series of layers . . . including at least a transceiver                
               device and a host adapted for IR transmissions                         
               therebetween comprising the steps of . . . providing                   
               . . . connection-less Link Service Access point (LSAP)                 
               defining rules for establishing a service-to service                   
               connection by binding an LSAP of said transceiver device               
               with an LSAP of said host for transmitting and accepting               
               data in IR transmission exchanged therebetween.                        


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