Ex Parte HECKERMAN et al - Page 7



          Appeal No. 1999-2314                                                        
          Application 08/739,200                                                      

          material to be realized.”  Thus, the PTO’s own policy position on           
          computer-readable media that have a functional relationship with            
          a computer is that they are statutory subject matter in most                
          cases.  Since we find that the computer-readable medium recited             
          in the claims on appeal relates to functional descriptive                   
          material, the examiner’s rejection would appear to be contrary to           
          the PTO’s own published position.                                           
          We also find that the claims on appeal meet the test set                    
          forth by the court in State Street that the claimed invention               
          must produce a useful, concrete and tangible result.  The purpose           
          of this requirement was to limit patent protection to inventions            
          that possess a certain level of real world value.  The belief               
          network of the claimed invention permits predictions to be made             
          about real world environments such as the disclosed auto repair             
          environment.  The belief network is modified based on actual                
          physical results obtained while observing and monitoring the real           
          world environment.  We agree with appellants that the functions             
          performed by a computer in response to the underlying functional            
          information recorded on the claimed computer-readable medium                
          constitutes an invention having real world value and has useful,            
          concrete and tangible results within the meaning of State Street.           

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