Ex Parte HO et al - Page 1




              The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.
                                                                                      Paper No. 26            
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                                 ____________                                                 
                              BEFORE THE BOARD OF PATENT APPEALS                                              
                                          AND INTERFERENCES                                                   
                                                 ____________                                                 
                 Ex parte YING-WAI HO, MICHAEL SCHULTE, and JOHN LAWRENCE KELLEY                              
                                                 ____________                                                 
                                             Appeal No. 2004-0115                                             
                                           Application No. 09/363,637                                         
                                                 ____________                                                 
                                             HEARD: Apr. 13, 2004                                             
                                                 ____________                                                 
            Before GROSS, BARRY, and SAADAT, Administrative Patent Judges.                                    
            BARRY, Administrative Patent Judge.                                                               


                                            DECISION ON APPEAL                                                
                   A patent examiner rejected claims 17-40.  The appellants appeal therefrom under            
            35 U.S.C. § 134(a).  We reverse.                                                                  


                                               BACKGROUND                                                     
                   The invention at issue on appeal approximates the "reciprocal square root" of a            
            number.  The reciprocal square root of a number (N) is 1 divided by the square root of            
            N.  (Spec. at 2.)  The Newton-Raphson algorithm can be used to approximate a                      










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