Ex Parte OGILVIE - Page 7




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


         signal embodied in a distributed computing system."  We agree              
         with the Appellant that the claim is directed to the memory as             
         well as the wiring network of the computer system which provides           
         structural and functional interrelationship for the data signal            
         being claimed.  Therefore, just as our reviewing court held in             
         Lowry, we find that the claim is directed to statutory subject             
         matter.  Therefore, we will not sustain the Examiner's rejection           
         of claims 34 through 46 under 35 U.S.C.                                    
         § 101 as being directed to non-statutory subject matter.                   
              We now turn to claim 50, representing groups of claims 50             
         through 55.  The Examiner has argued that claim 50 is directed to          
         nothing more than a writing of a contractual agreement and                 
         thereby is not statutory subject matter.                                   
              Appellant argues that claim 50 is directed to an embodiment           
         of an incremental savings agreement.  Appellant argues that claim          
         50 is directed to a practical application of an abstract idea and          
         should not be denied patent protection merely because the                  
         abstraction is a legal idea rather than a scientific idea or a             














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