Nicholas E. Eustace, et al. - Page 14




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          programmer testified that he “could immediately know whether                
          something could be made to work or whether it just wouldn’t                 
          work.”                                                                      
               Applied Systems’ employees performed the following tasks               
          relating to FIM:  Establishing the capability to display business           
          forms, enter data into their blank fields, integrate the data               
          with a data base, and print standard forms.  All these tasks were           
          feasible before 1990.  Similarly, employees working on First Rate           
          converted State regulations and carrier formulas into programs.             
          This task is part of the normal skilled practice of software                
          development and does not advance or refine any principles of                
          computer science.  Petitioners’ computer expert testified,                  
          relating to the expansion of the rating module:  “It’s hard for             
          me to think about writing each of those programs as constituting            
          research.”  Applied Systems’ vice president in charge of First              
          Rate testified:  “Really from 1990 to ‘92 there were minor                  
          enhancements, modifications to make things easier.  There weren’t           
          a lot of major changes.”                                                    
               In essence, these tasks did not go beyond the current state            
          of knowledge in the computer science field and did not involve a            
          process of experimentation.                                                 
               B.  Other Projects                                                     
               Petitioners contend that work on data conversion,                      
          Independence, WinTAM, and Diamond qualifies for the research                






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