Ex Parte Powell et al - Page 12


                   Appeal No. 2006-1595                                                                                            
                   Application No. 09/798,484                                                                                      


                   apparatus, but also an apparatus that automatically performs a beneficial,                                      
                   tangible function – namely automatically specifying the configuration of a mixed-                               
                   language model to be simulated in a simulator.                                                                  
                          The apparatus is defined in the claim by four enumerated logic elements                                  
                   that perform unique identification functions that together facilitate the recited                               
                   automatic functionality.  Additionally, the recited four logic elements are not                                 
                   limited to solely software implementations, but rather could also comprise                                      
                   hardware components that interact with the software.  But even if the logic                                     
                   elements were implemented solely in software, the claim would nevertheless                                      
                   comprise statutory subject matter since it produces a useful, concrete, and                                     
                   tangible result – namely automatically specifying the configuration of a mixed-                                 
                   language model to be simulated in a simulator.   Significantly, the term                                        
                   “automatically” itself requires implementation by a machine, such as a computer.                                
                   In short, the identification functions achieved by each of the four recited logic                               
                   elements are hardly abstract ideas, but rather achieve useful, concrete, and                                    
                   tangible results that automatically specify the configuration of a mixed-language                               
                   model to be simulated in a simulator.  Claim 1 therefore constitutes statutory                                  
                   subject matter under 35 U.S.C. § 101.                                                                           
                          Similar considerations apply for independent claim 7.  The preamble of the                               
                   claim establishes that the claimed subject matter not only is an apparatus, but                                 
                   also an apparatus that automatically performs a beneficial, tangible function –                                 
                   namely automatically specifying a source code function library configuration for                                


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