Ex Parte George - Page 2

            Appeal Number: 2007-0133                                                                          
            Application Number: 10/223,466                                                                    


                                              BACKGROUND                                                      

                The appellant's invention relates to a method and apparatus to predict and plan               
            activity levels after rapid changes in time zones.  (Spec 2).  An understanding of                
            the invention can be derived from a reading of exemplary claim 1, which is                        
            reproduced below.                                                                                 
                   1.  A method of predicting sleep and activity levels, comprising                           
                   providing a chart, providing lines and shapes representing personal                        
                   daily wake drives and a sleep drive, providing on the chart indications                    
                   of time of day at a starting location, providing on the chart indications                  
                   of time of day at a destination location, displaying on the chart                          
                   personal daily wake drives and sleep drives related to the time of day                     
                   at the starting location and the time of day at the destination.                           

                                                PRIOR ART                                                     
                There is no prior art reference of record relied upon by the examiner in                      
            rejecting the appealed claims.                                                                    

                                               REJECTIONS                                                     
                Claims 1 through 40 stand rejected under 35 U.S.C. § 101 as directed to non-                  
            statutory subject matter.                                                                         
                Claims 1 through 40 stand rejected under 35 U.S.C. § 112, first paragraph, as                 
            not enabling a person of ordinary skill in the art to make and use the claimed                    
            subject matter from the original disclosure.                                                      
                Claims 27 through 30 stand rejected under 35 U.S.C. § 112, second paragraph,                  
            as failing to particularly point out and distinctly claim the invention.                          


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