Appeal 2007-0114
Application 10/990,960
same” is not disclosed in the specification. FF 5. The record supports the
Examiner’s finding. FF 6. There is no disclosure of the term “substantially”
or, as the claims require, of predicting the next price movement in the
financial market based on a majority of output values being “substantially”
the same. Given no information in the specification as to a standard for
measuring when a majority of output values is “substantially” the same, we
find that, when the claims are read in light of the specification, the claims do
not set out and circumscribe a particular area with a reasonable degree of
precision and particularity.
Appellants draw our attention to an example discussed at para. [0040]
of the specification. FF 7. Appellants argue that this example shows
predicting price movement based on a majority of output values being the
same. Appellants state that in this example “the specification utilizes buy
(B), sell (S), and neutral (N) output values, it is within the scope of the
invention to use alternative and additional output values, making prediction
based on those output values being the same or, more broadly, being
substantially the same.” FF 7.
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