Appeal No. 2004-0511
Application 09/375,817
Representative claim 1 is reproduced as follows:
1. A computer-aided method for operating a synthetic
investment fund having at least two different classes of
interest, the method including the steps of:
forming the synthetic investment fund wtih a digital
computer by entering data representing said at least two classes
of interests and an amount of an interest-bearing asset, an
amount of a derivative instrument, said amounts related by a
mathematical relationship;
entering respective market prices for the interest-
bearing asset and for the derivative instrument;
calculating a unit value for each said class of
interests in the fund in response to the market prices; and
generating output including holding data for each said
class of interests in the fund and the unit value for each said
class of interests in the fund.
The examiner relies on the following references:
Wallman (Wallman ’098) 6,161,098 Dec. 12, 2000
(filed Sep. 14, 1998)
Wallman (Wallman ’210) 6,360,210 Mar. 19, 2002
(filed Feb. 12, 1999)
Claims 1-33 stand rejected under 35 U.S.C. § 102(e) as
being anticipated by the disclosure of Wallman ’098. Claims
34-39 stand rejected under 35 U.S.C. § 103(a). As evidence of
obviousness the examiner offers Wallman ’098 in view of
Wallman ’210.
Rather than repeat the arguments of appellants or the
examiner, we make reference to the briefs and the answer for the
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