Ex Parte Shealy - Page 40

            Appeal 2006-1601                                                                            
            Application 09/828,579                                                                      

            of the abstract idea.  We conclude that the claim is so broad that it is directed to the    
            “abstract idea” itself, rather than a practical implementation of the concept.  Thus,       
            the claimed process falls outside the scope of § 101.                                       
                  Additionally, for the same reasons discussed supra with respect to claim 6,           
            we conclude the system of claim 16 does not apply its abstract idea to produce a            
            useful, concrete, tangible result.                                                          
                  Similarly, claims 17-20 merely require that anyone or anything determine if           
            the change is a single change, validate consistency (in some form) of the plan, or          
            select a specific effective date.  For the same reasons discussed supra with respect        
            to claims 6 and 16, we conclude the systems of claims 17-20 fall outside the scope          
            of § 101.                                                                                   

                         C.  New Ground Of Rejection Under 35 U.S.C. § 103(a)                           
                                                  (1)                                                   
                                              Introduction                                              
                  Claims 11-15 are rejected under 35 U.S.C. § 103(a) as being unpatentable              
            over Sloan et al. (Sloan), U.S. Patent 5,146,067, issued September 8, 1992.12               

                                                  (2)                                                   
                           Rejection of claims 11-15 under 35 U.S.C. § 103(a)                           
                  With respect to this rejection under 35 U.S.C. § 103(a), as we discussed              
            above in Section V. B.(3)(a), we have before us the classic “printed matter”                
            situation.  We reiterate that the storage “medium” of claims 11-15 merely requires          
            being printed on paper (Specification 9:10).  Also, we reiterate that the “logic” of        
            claims 11-15 merely requires textual information in the form of plural “systems of          
                                                                                                       
            12 Previously cited by the Examiner and provided to Appellant.                              

                                                  40                                                    

Page:  Previous  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: September 9, 2013