Appeal No. 1999-2314
Application 08/739,200
respective details thereof.
OPINION
We have carefully considered the subject matter on
appeal, the rejection advanced by the examiner and the reasons
relied upon by the examiner as support for the rejection. We
have, likewise, reviewed and taken into consideration, in
reaching our decision, the appellants’ arguments set forth in the
briefs along with the examiner’s rationale in support of the
rejection and arguments in rebuttal set forth in the examiner’s
answer.
It is our view, after consideration of the record before
us, that claims 38-59 are directed to statutory subject matter
within the meaning of 35 U.S.C. § 101. Accordingly, we reverse.
The examiner’s rejection states that the claims are
directed to nonstatutory subject matter based on guidelines
issued by the Patent and Trademark Office for the examination of
computer-related inventions. Using these guidelines, the
examiner applies what is commonly known as the Freeman-Walter-
Abele test. Using this test, the examiner finds that the claims
on appeal are directed to the preemption of a mathematical
algorithm and are nonstatutory [final rejection, pages 2-7].
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