Appeal No. 2005-2642
Reexamination Control No. 90/005,841
inflation-adjusted accounts to the 1968 trade agreement which abolished inflation
indexing. Mukherjee at 56, 4th para. Second, appellant has not explained, and it is
not apparent from an examination of appellant’s Figures 2-5, why appellant believes a
programmer9 having ordinary skill in the art just prior to appellant’s effective filing date
would have been unable to design suitable data processing software for implementing
inflation-adjusted accounts of the type disclosed in Mukherjee.
Claim 24 recites, inter alia, “a variable interest component which is enhanced at
an index responsive to the rate of inflation times the principal component.” Appellant’s
contention that this language requires that the index and resulting variable interest
component be a continuous function of the rate of prior actual interest is unconvincing.
For the reasons given above in the discussion of the definition at column 3, lines 11-14,
it is only necessary for the index and resulting variable interest component to be (a)
responsive to the rate of inflation and (b) directly responsive to (i.e., based on) a market
9 Where an invention involves two technologies (here, computer programming
and financial systems), the person having ordinary skill is presumed to have ordinary
skill in both technologies. In re Brown, 477 F.2d 946, 950-51, 177 USPQ 691, 694
(CCPA 1973).
22
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