Ex Parte OGILVIE - Page 4




         Appeal No. 2001-2627                                                       
         Application No. 09/472,658                                                 


              Rather than repeat the arguments of Appellant or the                  
         Examiner, we make reference to the briefs  and the answer for the1                                 
         respective details thereof.                                                
                                      OPINION                                       
              With full consideration being given to the subject matter on          
         appeal, the Examiner's rejection and the arguments of Appellant            
         and the Examiner, for the reasons stated infra, we reverse the             
         Examiner's rejection of claims 1 through 21 and 56 through 60 and          
         we affirm the Examiner's rejection of claims 22, 23, 25 through            
         28, 31 through 46, 50 through 55 and 61 through 65.                        
                             35 U.S.C. § 101 REJECTION                              
              We now turn to the rejection of claims 34 through 46 and 50           
         through 55 under 35 U.S.C. § 101 as being directed to non-                 
         statutory subject matter.  At the outset, we note that the                 
         Appellant states on page 6 of the brief that Group I includes              
         claims 34 through 46 and Group II includes claims 50 through 55.           
         We note the Appellant has argued claims 34 through 46 as a single          















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