Ex Parte GLOOR et al - Page 2




            Appeal No. 2003-1654                                                          Page 2              
            Application No. 09/439,310                                                                        


                                               BACKGROUND                                                     
                   The appellants’ invention relates to business methods for assuring quality                 
            services (specification, page 1).  A copy of the claims under appeal is set forth in the          
            appendix to the appellants’ brief.                                                                
                   The examiner relied upon the following prior art reference in rejecting the                
            appealed claims:                                                                                  
            Eisner, Essentials of Project and Systems Engineering Management, pp. 46-53, 58-60                
            and 147-176 (John Wiley & Sons, Inc. 1997).                                                       
                   The following rejections are before us for review.                                         
                   Claim 4 stands rejected under 35 U.S.C. § 101 as being directed to non-statutory           
            subject matter.                                                                                   
                   Claim 4 stands rejected under 35 U.S.C. § 112, second paragraph, as being                  
            indefinite for failing to particularly point out and distinctly claim the subject matter which    
            appellants regard as their invention.                                                             
                   Claims 1, 2 and 4 stand rejected under 35 U.S.C. § 102(b) as being anticipated             
            by Eisner.                                                                                        
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and              
            the appellants regarding the above-noted rejections, we make reference to the answer              
            (Paper No. 12) for the examiner's complete reasoning in support of the rejections and to          










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