Ex Parte Bauchot et al - Page 7



          Appeal No. 2006-0533                                                        
          Application 09/838,420                                                      

                    We also expand the examiner’s rejection of claim 11               
          under 35 U.S.C. § 101 to include all claims on appeal, claims 1             
          through 11.  In view of the nature of the positions we have set             
          forth earlier with respect to the way we view method independent            
          claim 1 on appeal, this claim essentially sets forth an abstract            
          intellectual concept or data construct of mathematical/Boolean              
          variables that are set forth in the abstract around the concept             
          of a table.  There is such a significant analytical disconnect              
          between the subject matter that is conventional structure in the            
          art in the preamble and that which is specifically recited in the           
          body of the method independent claim 1 on appeal as to clearly              
          indicate that even independent claim 1 as a whole, and its                  
          corresponding independent claim 10 are directed to nonstatutory             
          subject matter per se.  At least with respect as well to the so-            
          called system independent claim 10, there is no corresponding               
          means disclosed in the structural or even in the programming                
          instruction sense to correspond to the claimed means elements in            
          this claim.  The dependent claims further refine the abstract               
          concepts of independent claim 1 to include the concept of names,            
          status values, the actual computation of a data value, the                  
          ability to change or otherwise alter any of these variables, and            


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