**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**TRAINING MATERIALS DIRECTED TO BUSINESS,**

**ARTIFICIAL INTELLIGENCE, AND MATHEMATICAL**

**PROCESSING APPLICATIONS**

In 1996 the Patent and Trademark Office (PTO) issued the Examination
Guidelines for Computer-Related Inventions (Guidelines). Following
issuance of the Guidelines, the PTO prepared and published training
materials illustrating how to apply them.

Recently the PTO determined that additional training materials were
needed to address how to apply the Guidelines in the areas of business,
artificial intelligence and mathematical processing applications. Each
of these three areas has shown a high growth rate and increased
examining complexity. Thus, the following five examples were prepared to
illustrate how to apply the Guidelines in these areas.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

The disclosure relates to a computerized method of evaluating investment
risk factors between a plurality of mutual funds and optimizing an
investment value to be distributed among the funds. The specification
recites a general purpose digital computer suitably programmed to
accomplish the method. No specific hardware is disclosed and no computer
listing is provided, only high level flow diagrams and descriptions of
the desired functionality. The specification contains numerous formulas
which are used to calculate risk factors, distribution amounts, time
periods, performance data on past transactions etc. These are described
in great detail and it is noted that it is well within the skill of a
programmer in the art to create the programs to accomplish the required
calculations. The specification indicates that communication between the
investor, and a broker/fund manager takes place through the system. No
specific form of communication is disclosed but the specification
implies that such communication is part of the computer system.

The method involves storing in the computer memory data representing
various mutual funds (identifiers) as well as risk ranking factors for
each fund. Individual investor profiles are established for a particular
time frame and these data are also stored in the computer. The method is
implemented when an investor specifies a dollar amount to be invested.
The computer then calculates the optimal disbursement of the allocation
between various funds to meet the investor profile previously
established.

The disclosure presents several embodiments which act to: (1) merely
advise the investor on possible investment strategies, (2) prepare a
report of investment strategies to be incorporated into a monthly
investor account summary, or (3) control an automated scheme (computer
controlled) to buy and sell shares of mutual funds in order to invest
according to the optimized profile.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Claim 1**

A computerized method of allocating funds for a mutual fund among a
plurality of funds in a group, comprising the steps of:

a\. receiving at least one fund identifier for each of said plurality of
funds;

b\. receiving at least one risk ranking factor for each of said
plurality of funds;

c\. receiving at least one set of allocation parameters which correspond
to the desired allocation of funds relative to a profile of said ranking
factors;

d\. storing the fund identifiers, the risk ranking factors and the
allocation parameters on a computer readable medium;

e\. receiving an initial investment value which is to be invested in the
funds;

f\. receiving an incremental investment allotment value and a period for
the incremental investment allotment value;

g\. receiving an indication of allowable level of investor risk; and

h\. using the stored fund identifiers, the risk ranking factors and the
allocation parameters in combination with the initial investment value,
the incremental investment allotment value, the period for the
incremental investment allotment value, and the indication of allowable
level of investor risk to provide an optimum account allocation between
the funds in the group.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Table for Claim 1**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 |       |
|       | series                            | ES |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      |       |
| 12    |                                   |    | Q.12b      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      | Note  |
|       |                                   |    | Q.13a      | 3     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  | Note  |
|       |                                   | ES |            | 4     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Table Notes for Claim 1**

Note 1: Disclosed invention optimally allocates funds among a plurality
of mutual funds.

Note 2: Disclosed invention uses a computer system to determine optimal
fund allocation among a plurality of mutual funds and then allocates the
funds based on the determination.

Note 3: Steps a. through c. and e. through g. are mere data-gathering
steps. They do not measure physical objects or activities. *See*
Guidelines, Section IV.B.2(d)(ii).

Note 4: Claimed invention is not limited to a practical application.
Viewed as a whole, the claimed invention merely calculates an optimum
account allocation for the funds in the mutual funds. It does not
optimally allocate the funds\--a practical application. Instead, it
merely *describes* the mathematical operations used in the mutual funds
system. This interpretation is based upon the finding that step h.
(using . . . to provide an optimum account allocation) is not a
step-plus-function limitation under 35 U.S.C. § 112 ¶ 6. The failure of
the claim to positively include a data allocation step to allocate the
data in the optimum way, *i.e.*, the practical application of the
mathematical algorithm, is the reason why the requisite functionality
(to achieve the practical application) has not been realized. *See*
Guidelines, Section IV.B.2(c) and (d). The claim should be rejected
under 35 U.S.C. § 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Claim 2**

The method of claim 1, further including the step of displaying the
optimum account allocation on an investor monthly account summary report
to an investor or broker.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Table for Claim 2**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 |       |
|       | series                            | ES |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      | Note  |
| 12    |                                   |    | Q.12b      | 3     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | NO | GoTo: END  | Note  |
|       |                                   |    |            | 4     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Table Notes for Claim 2**

Note 1: Disclosed invention optimally allocates funds among a plurality
of mutual funds.

Note 2: Disclosed invention uses a computer system to determine optimal
fund allocation among a plurality of mutual funds and then allocates the
funds based on the determination.

Note 3: Displaying the summary report is not a physical act performed
*outside* the computer system. *See* Guidelines, Section IV.B.2(b)(I).

Note 4: Claimed invention is limited to the practical application of
preparing and displaying the summary report to an investor or broker. A
summary report has real world value and provides immediate benefit.
Claimed invention is also limited to the practical application of
displaying the optimal account allocation to the investor. The
specification discloses three embodiments, two of which \"advise\" the
investor of possible investment strategies. The investment strategies
are based on the calculated optimal account allocation. Thus, given its
broadest reasonable interpretation in light of the specification,
displaying the optimal account allocation to the investor is more than
the mere output of the calculation because the display must be provided
in a format which \"advises\" the investor of possible investment
strategies, *i.e.*, have real world value and immediate benefit. *See*
Guidelines, Section IV.2(d)(iii).

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Claim 3**

The method of claim 1, further including the step of transferring funds
between the mutual funds in the group according to the optimum account
allocation.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Table for Claim 3**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 |       |
|       | series                            | ES |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      | Note  |
| 12    |                                   |    | Q.12b      | 3     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | NO | GoTo: END  | Note  |
|       |                                   |    |            | 4     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Mutual Fund]{.underline}**

**Table Notes for Claim 3**

Note 1: Disclosed invention optimally allocates funds among a plurality
of mutual funds.

Note 2: Disclosed invention uses a computer system to determine optimal
fund allocation among a plurality of mutual funds and then allocates the
funds based on the determination.

Note 3: Transferring the funds between the mutual funds in the group is
not a physical act performed *outside* the computer system. *See*
Guidelines, Section IV.B.2(b)(I).

Note 4: Claimed invention is limited to the practical application of
transferring the funds between a plurality of mutual funds in accordance
with the optimal account allocation. The funds transfer is an optimal
allocation of the data to impart the required functionality to achieve a
practical application.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

The specification discloses a method of performing matrix multiplication
using a general purpose computer. No specific computer hardware or
software programs are disclosed. The specification recites specific
algorithms for manipulating matrices including the multiplication of two
matrices together. A flow chart showing the steps involved in creating
the rows and columns of the matrix and the multiplication of the terms
is provided. The terms of the matrix are disclosed as representing
vectors. The vectors could represent data collected from real world
objects or they could be abstractions of non physical systems.

The method consists of creating two matrices having terms defined by
disclosed mathematical relationships such as being non-zero, and related
to a prime number or a factorial of a prime number. After creating the
two matrices they are combined into one matrix by interleaving rows and
columns until a prescribed mathematical relationship exists. A
multiplication of the matrixes then takes place whereby an output result
is determined which defines the value(s) for some unknown quantity.

The disclosure provides several examples of possible uses for the method
which include simulation of space craft flight paths. The specification
mentions that if this method were incorporated into the control
environment of a space craft the pilot could use the method to optimize
flight paths. No details of how this would be done are recited in the
specification but the disclosure complies with the requirements of
35 U.S.C. § 112. The disclosure states that the invention is not limited
to the space craft environment.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Claim 1**

A processing system for performing a plurality of matrix manipulations
comprising:

a\. means for creating a first R-row by C-column sub matrix consisting
of an offset diagonal of non-zero terms, each of the R-rows having at
least N non-zero terms equal in number to C, where C is a prime number
and the sum of the non-zero terms of each row is less than C!;

b\. means for creating a second R-row by C-column sub matrix consisting
of an offset diagonal of non-zero terms, each of the R-rows having at
least N non-zero terms equal in number to C, where C is a prime number
and the sum of the non-zero terms of each row is less than C!;

c\. means for sequentially manipulating the two sub matrices in a manner
such that each matrix interleavedly exchanges a row and column until
2R-C exchanges have been made; and

d\. means for matrix multiplying the manipulated matrices; and

e\. means for outputting the result.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Table for Claim 1**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | NO | GoTo: Q.9  |       |
|       | series                            |    |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       | Y  | GoTo: Q.10 |       |
|       | product                           | ES |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      | ?  | GoTo:      | Note  |
| 10    |                                   |    | Q.12a      | 3     |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      | Note  |
| 12    |                                   |    | Q.12b      | 4     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  | Note  |
|       |                                   | ES |            | 5     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Table Notes for Claim 1**

Note 1: Disclosed invention aids pilots of a space craft in controlling
the craft.

Note 2: Disclosed invention uses a computer system to determine the
coordinates needed for controlling a space craft.

Note 3: Without a specification, it cannot be determined whether the
claimed invention is a specific machine. The means-plus-function
limitations must be read in light of the structure disclosed in the
specification.

> If the claimed invention encompasses any and every machine embodiment
> of the underlying process, then whether the claimed invention is
> statutory will be decided in the steps below, *i.e.*, boxes 12 and 13
> of the flowchart.

Note 4: Element e. merely conveys the direct result of the computer
operations of elements a. through d. *See* Guidelines, Section
IV.B.2(d)(iii).

Note 5: Claimed invention is not limited to a practical application.
Viewed as a whole, the claimed invention merely multiplies the matrices
and outputs the direct result. It does not impart any *function* to the
processing system, *i.e.*, the claimed invention is not practically
applied. Instead, the claimed invention merely *describes* the
mathematical operations being performed in the system. *See* Guidelines,
Section IV.B.2(c) and (d). The claim should be rejected under
35 U.S.C. § 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Claim 2**

A processing system for modeling space craft thruster operation by
performing a plurality of matrix manipulations of terms representing
thrust vectors comprising:

a\. means for creating a first R-row by C-column sub matrix of yaw
vector components consisting of an offset diagonal of non-zero terms,
each of the R-rows having at least N non-zero terms equal in number to
C, where C is a prime number and the sum of the non-zero terms of each
row is less than C!;

b\. means for creating a second R-row by C-column sub matrix of pitch
vector components consisting of an offset diagonal of non-zero terms,
each of the R-rows having at least N non-zero terms equal in number to
C, where C is a prime number and the sum of the non-zero terms of each
row is less than C!;

c\. means for sequentially manipulating the two sub matrices in a manner
such that each matrix interleavedly exchanges a row and column until
2R-C exchanges have been made; and

d\. means for matrix multiplying the manipulated matrices; and

e\. means for outputting the result which simulates space craft
operation in the yaw and pitch plane of flight.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Table for Claim 2**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | NO | GoTo: Q.9  |       |
|       | series                            |    |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       | Y  | GoTo: Q.10 |       |
|       | product                           | ES |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      | ?  | GoTo:      | Note  |
| 10    |                                   |    | Q.12a      | 3     |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      | Note  |
| 12    |                                   |    | Q.12b      | 4     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | NO | GoTo: END  | Note  |
|       |                                   |    |            | 5     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Table Notes for Claim 2**

Note 1: Disclosed invention aids pilots of a space craft in controlling
the craft.

Note 2: Disclosed invention uses a computer system to determine the
coordinates needed for controlling a space craft.

Note 3: Without a specification, it cannot be determined whether the
claimed invention is a specific machine. The means-plus-function
limitations must be read in light of the structure disclosed in the
specification.

> If the claimed invention encompasses any and every machine embodiment
> of the underlying process, then whether the claimed invention is
> statutory will be decided in the steps below, *i.e.*, boxes 12 and 13
> of the flowchart.

Note 4: Element e. is not a physical act performed *outside* the
computer system. *See* Guidelines, Section IV.B.2(b)(I).

Note 5: Claimed invention is limited to the practical application of
simulating space craft operation in the yaw and pitch plane of flight.
The preamble of the claim states that the \"processing system\" is \"for
modeling space craft thruster operation.\" Thus, the \"which simulates\"
clause of element e. (means for outputting) is not a statement of
intended use. Rather, it limits the claim to the practical application
of modeling space craft thruster operation in the yaw and pitch plane of
flight.

THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Claim 3**

A processing system for modeling space craft thruster operation to aid
pilots in control of the vehicle by performing a plurality of matrix
manipulations of terms representing thrust vectors comprising:

a\. means for creating a first R-row by C-column sub matrix of yaw
vector components consisting of an offset diagonal of non-zero terms,
each of the R-rows having at least N non-zero terms equal in number to
C, where C is a prime number and the sum of the non-zero terms of each
row is less than C!;

b\. means for creating a second R-row by C-column sub matrix of pitch
vector components consisting of an offset diagonal of non-zero terms,
each of the R-rows having at least N non-zero terms equal in number to
C, where C is a prime number and the sum of the non-zero terms of each
row is less than C!;

c\. means for sequentially manipulating the two sub matrices in a manner
such that each matrix interleavedly exchanges a row and column until
2R-C exchanges have been made; and

d\. means for matrix multiplying the manipulated matrices; and

e\. means for outputting the result on a display which provides various
space craft flight paths with appropriate time requirements and fuel
expenditures for each flight path selected in the yaw and pitch plane of
flight,

> whereby the pilot of a space craft may select a maneuver appropriate
> for the mission of the space craft.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Table for Claim 3**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | NO | GoTo: Q.12 |       |
|       | series                            |    |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       | Y  | GoTo:      |       |
|       | product                           | ES |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      | ?  | GoTo:      | Note  |
| 10    |                                   |    |            | 3     |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      | Note  |
| 12    |                                   |    | Q.12b      | 4     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | NO | GoTo: END  | Note  |
|       |                                   |    |            | 5     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Matrix]{.underline}**

**Table Notes for Claim 3**

Note 1: Disclosed invention aids pilots of a space craft in controlling
the craft.

Note 2: Disclosed invention uses a computer system to determine the
coordinates needed for controlling a space craft.

Note 3: Without a specification, it cannot be determined whether the
claimed invention is a specific machine. The means-plus-function
limitations must be read in light of the structure disclosed in the
specification.

> If the claimed invention encompasses any and every machine embodiment
> of the underlying process, then whether the claimed invention is
> statutory will be decided in the steps below, *i.e.*, boxes 12 and 13
> of the flowchart.

Note 4: Element e. is not a physical act performed *outside* the
computer system. *See* Guidelines, Section IV.B.2(b)(I).

Note 5: Claimed invention is limited to the practical application of
displaying various space craft flight paths for pilot maneuver
selection. Knowledge of flight paths and fuel expenditures via the
display have real world value and provide immediate benefit. *See*
Guidelines, Section IV.2(d)(iii).

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

The specification discloses a method of training a neural network node
using a general purpose computer. The general purpose computer contains
a CPU and a math coprocessor. The computer has a standard operating
system and configuration for memory having a number of interconnected
memory cells each working together. The method consists of a sequence of
functions being carried out in a specific order to achieve the
functionality of training this specialized network to perform a wide
range of varied functions. The method of training a neural network node
contains a number of basic steps. The first is a step of providing an
initial set of target points in the model space. After the set of target
points is set then an estimate of the probability density function (PDF)
on the model space at each node in the model space is generated. After
the PDF is generated for each node then a second set of target points in
said model space is determined. The second set of target points are
individually or combinatorially evaluated using the probability density
function PDF.

For optimum training within a system a threshold value must be selected
for the desired functionality. The threshold value is determined to be
less than PDF(i) , where i is the ith target point for each of the
second set of target points. Using this threshold value, a first
training set of target points for the model space is computed using the
N.N.S.(Neural Network Standard determined by National Institute for
Standards and Technology in 1995) where the input value is selected and
the output value is the PDF(Input value) where PDF(Input value) less
than the threshold value. Using this threshold value, a second training
set of target points for the model space is computed using the
N.N.S.(Neural Network Standard determined by National Institute for
Standards and Technology in 1995) where the input value is selected and
the output value is the PDF(Input value) where PDF(Input value) greater
than said threshold value. Once the first and second set of training
sets are determined to meet the criteria set forth above, these sets now
contain the desired characteristics to appropriately train the neural
network for the desired functionality.

There are a wide range of functions which may be carried out by the
ultimate end user of the neural network. The function will dictate the
criteria upon which the network specifications must be established. The
process will vary upon the selection of the criteria. The disclosed
methodology is the basic framework from which most functionalities may
be established from an appropriate training set.

The neural networks to be trained may be either based in a hardware
based system which is adapted or it may similarly be based upon a
general purpose computer to carry out the desired functionality as a
neural network. The training may be done either by a technician, by
automated system or by a programed system in the general purpose
computer.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Claim 1**

A computerized method of training a neural network node comprising the
steps of:

a\. providing an initial set of target points;

b\. providing a second set of target points;

c\. determining a threshold value that is less than a predetermined
value;

d\. using the threshold value, providing a first training set of target
points;

e\. using the threshold value, providing a second training set of target
points; and

f\. using the first and second sets of training target points to train
the neural network.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Table for Claim 1**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 |       |
|       | series                            | ES |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      | Note  |
| 12    |                                   |    | Q.12b      | 3     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      | Note  |
|       |                                   |    | Q.13a      | 4     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      | Note  |
| 13    |                                   |    | Q.13b      | 5     |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | NO | GoTo: END  |       |
|       |                                   |    |            |       |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Table Notes for Claim 1**

Note 1: Disclosed invention trains a neural network.

Note 2: Disclosed invention uses a computer system to train a neural
network.

Note 3: Step f. is not a physical act performed *outside* the computer
system. *See* Guidelines, Section IV.B.2(b)(I).

Note 4: Steps a. and b. are mere data-gathering steps for the computer
operations of steps c. through e. They do not measure physical objects
or activities. *See* Guidelines, Section IV.B.2(d)(ii).

Note 5: Claimed invention is limited to the practical application of
training the neural network. The step of training the neural network is
a functional step which covers reconfiguration of the neural network to
produce a practical effect, *i.e.*, to permit the network to perform a
desired set of functions.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Claim 2**

A computerized method of training a neural network node comprising the
steps of:

a\. providing an initial set of target points;

b\. providing a second set of target points;

c\. determining a threshold value that is less than a predetermined
value;

d\. using the threshold value, providing a first set of training target
points;

e\. using the threshold value, providing a second set of training target
points; and

f\. using the first and second sets of training target points to develop
a set of training sets for training the neural network.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Table for Claim 2**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 |       |
|       | series                            | ES |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      |       |
| 12    |                                   |    | Q.12b      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      | Note  |
|       |                                   |    | Q.13a      | 3     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      | Note  |
| 13    |                                   |    | Q.13b      | 4     |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  |       |
|       |                                   | ES |            |       |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Table Notes for Claim 2**

Note 1: Disclosed invention trains a neural network.

Note 2: Disclosed invention uses a computer system to train a neural
network.

Note 3: Steps a. and b. are mere data-gathering steps for the computer
operations of steps c. through e. They do not measure physical objects
or activities. *See* Guidelines, Section IV.B.2(d)(ii).

Note 4: Claimed invention is not limited to a practical application.
Viewed as a whole, the claimed invention is the abstract idea of using a
computer system to mathematically develop training sets for training
neural networks. The \"for training the neural network\" clause of step
f. (using . . . to develop) is a statement of intended use. Thus, step
f. does not train the network\--a practical application. *The claim is
directed to nothing more than converting one set of numbers to another
set of numbers with no practical effect. See* [Gottschalk v.
Benson]{.underline}, 409 U.S. 63, 71-72 (1972). *See also* Guidelines,
Section IV.B.2(c) and (d). The claim should be rejected under 35 U.S.C.
§ 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Claim 3**

A method of determining the state of a neural network comprising the
steps of:

a\. providing an initial set of target points;

b\. providing a second set of target points;

c\. modifying the initial and second set of target points;

d\. providing a first training set of target points to the neural
network;

e\. providing a second training set of target points to the neural
network; and

f\. using the results of the steps of providing first and second
training sets of target points to determine the state of the neural
network.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Table for Claim 3**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 |       |
|       | series                            | ES |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      |       |
| 12    |                                   |    | Q.12b      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      | Note  |
|       |                                   |    | Q.13a      | 3     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      | Note  |
| 13    |                                   |    | Q.13b      | 4     |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  |       |
|       |                                   | ES |            |       |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Neural Network]{.underline}**

**Table Notes for Claim 3**

Note 1: Disclosed invention trains a neural network.

Note 2: Disclosed invention uses a computer system to train a neural
network.

Note 3: Steps a. and b. are mere data-gathering steps for the computer
operations of steps c. through e. They do not measure physical objects
or activities. *See* Guidelines, Section IV.B.2(d)(ii).

Note 4: Claimed invention is not limited to a practical application.
Step e. (determining the state of the neural network) does nothing more
than determine the weights assigned to the network nodes at any given
moment without providing any desired functionality, *i.e.*, without any
practical application. Unless the neural network does something
practical, merely \"determining\" its state is akin to watching a \"Rube
Goldberg\" art work. Reading or recording the direct output of the
weights assigned is not a practical application. *See* [In re
Walter]{.underline}, 618 F.2d 758, 768-70, 205 USPQ 397, 408-10 (CCPA
1980). Rather, the claim must recite the *function* the neural network
is trained to perform. The claim should be rejected under
35 U.S.C. § 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

The specification discloses a method of performing triple precision
arithmetic in a general purpose computer. The general purpose computer
contains a CPU and a math coprocessor. The computer has a standard
operating system and configuration for memory having a number of
interconnected memory cells each working together. The method is a
series of steps being performed on the general purpose computer to
perform the arithmetic addition of at least two triple precision values
into a resultant triple quantity. Prior art methods have only consisted
of double precision computations. Many of the complex chemical analysis
computations which previously were performed on supercomputers, may now
be carried out by desktop computer with the addition of a dedicated
subsystem for performing simultaneous computations while the computer
carries out other data manipulations. An embodiment of such an
implementation is set forth in the detailed description. The dedicated
processing of the mathematical computations along with the added
precision of the triple precision mathematics allow the desktop computer
to be a stand alone design and perform as an analysis workstation for a
wide array of applications in mathematics and the sciences which is
unrivaled by systems on the market today.

The method is composed of a series of steps which must be performed in a
specified order to achieve the triple precision computation. The first
step is converting a first triple precision quantity into a first pair
of overlapping double precision quantities and storing two copies of the
first overlapping double precision quantities into memory cells. The
conversion is performed by a known method of dividing the numerical
representation of the value into two equal number of bytes which are
each equal to the maximum word size for a double precision value. The
second step is converting said second triple precision quantity into a
second pair of overlapping double precision quantities and storing two
copies of the second overlapping double precision quantities into memory
cells. The conversion is performed in the same manner as recited in the
first step above. The third step of the method generates a first
intermediate value by performing at least one double precision
arithmetic operation on a first copy of each said first and second
double precision quantities. Depending upon the level of accuracy
desired in the computation, a number of computations may be made and a
statistical mean value may be used in the determination of the actual
value of the result. The fourth step is generating a second intermediate
value by performing the inverse operation of said at least one double
precision arithmetic operation on said second copy of each said first
and second double precision quantities. Again, depending upon the level
of accuracy desired in the computation, a number of computations may be
made and a statistical mean value may be used in the determination of
the actual value of the result.

The statistical evaluation of each of the intermediate values may be
made individually to generate the intermediate values which are then
combined combinatorially to generate the result of the triple precision
arithmetic operation. Alternatively, the individual intermediate values
may by combinatorially combined to generate the triple precision
arithmetic value. The statistical manipulation of the values would have
been within the level of skill of those in the art and various computer
programs could be generated to implement the functions set forth in the
high level flow diagrams attached in Appendix 1to the specification.
Figures 1A and 1B show one of the preferred hardware embodiments for
performing the same arithmetic operations as described in the flow
diagrams. Due to the limitations on clock speed, the hardware embodiment
has been the more efficient but more costly in implementation of the
method on a wide range of computers. The software embodiment has proven
to be the more flexible and more implementable embodiment of the
invention than the hardware embodiment where the speed is not critical.
As higher clock speeds become available the hardware and software
embodiments will function at comparable speeds and efficiency.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Claim 1**

A method of performing triple precision arithmetic in a computer having
a plurality of memory cells comprising the steps of:

a\. converting a first triple precision quantity into a first pair of
overlapping double precision quantities and storing two copies of the
first overlapping double precision quantities into memory cells;

b\. converting a second triple precision quantity into a second pair of
overlapping double precision quantities and storing two copies of the
second overlapping double precision quantities into memory cells;

c\. generating a first value by performing at least one double precision
arithmetic operation on the first copy of each of the first and second
double precision quantities;

d\. generating a second value by performing the inverse of the at least
one double precision arithmetic operation on the second copy of each of
the first and second double precision quantities; and

e\. combinatorially combining the first and second values to generate a
triple precision arithmetic value.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Table for Claim 1**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 |       |
|       | series                            | ES |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      |       |
| 12    |                                   |    | Q.12b      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  | Note  |
|       |                                   | ES |            | 3     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Table Notes for Claim 1**

Note 1: Disclosed invention performs complex chemical analysis employing
triple precision arithmetic computations on a general purpose computer.

Note 2: Disclosed invention uses a computer system to perform triple
precision arithmetic.

Note 3: Claimed invention is not limited to a practical application.
Viewed as a whole, the claimed invention merely performs triple
precision arithmetic. It does not impart any *function* to the computer
system, *i.e.*, the claim taken as a whole is a mathematical algorithm
which is not practically applied. Instead, the claimed invention merely
*describes* the mathematical operations being used in the computer
system. *See* Guidelines, Section IV.B.2(c) and (d). The claim should be
rejected under 35 U.S.C. § 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Claim 2**

A triple precision arithmetic logic unit in a computer having a
plurality of memory cells comprising:

a\. a first D to D converter which converts a first triple precision
quantity into a first pair of overlapping double precision quantities
and stores two copies of the first overlapping double precision
quantities into the memory cells;

b\. a second D to D converter which converts a second triple precision
quantity into a second pair of overlapping double precision quantities
and stores two copies of the second overlapping double precision
quantities into the memory cells;

c\. a double precision adder which generates a first value by performing
at least one double precision addition operation on the first copy of
each of the first and second double precision quantities;

d\. means for generating a second value by performing the inverse of the
at least one double precision addition operation on the second copy of
each of the first and second double precision quantities; and

e\. means for combinatorially combining the first and second values to
generate a triple precision arithmetic value.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Table for Claim 2**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | NO | GoTo: Q.9  |       |
|       | series                            |    |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       | Y  | GoTo: Q.10 |       |
|       | product                           | ES |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      | ?  | GoTo:      | Note  |
| 10    |                                   |    | Q.12a      | 3     |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      |       |
| 12    |                                   |    | Q.12b      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  | Note  |
|       |                                   | ES |            | 4     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Table Notes for Claim 2**

Note 1: Disclosed invention performs complex chemical analysis employing
triple precision arithmetic computations on a general purpose computer.

Note 2: Disclosed invention uses a computer system to perform triple
precision arithmetic.

Note 3: The means-plus-function limitations must be read in light of the
structure disclosed in the specification. The mere fact that two D-to-D
converters and one adder are recited in the claim does not *necessarily*
limit the claim to a specific machine or article of manufacture. D-to-D
converters and adders may be implemented in either hardware, software or
both.

> The specification includes flowcharts, which describe the
> functionality of the D-to-D converters and the adder. Thus, giving the
> claim the broadest reasonable interpretation in light of the
> specification, the claim covers both hardware and software
> implementation of the recited functionality, *i.e.*, the claim is so
> broad that it would wholly pre-empt the use of any and every
> manufacture for causing the computer to perform the mathematical
> calculations recited therein. Accordingly, it is determined that the
> claim does not define a specific machine or article of manufacture.
> Applicant could submit arguments challenging this interpretation,
> showing particularly how the claim, as a whole, is limited to a
> specific machine or article of manufacture. *See* Guidelines, Section
> IV.B.2(a)(I).
>
> Because the claimed invention encompasses any and every machine or
> article of manufacture for causing the computer to perform the
> underlying process, then whether the claimed invention is statutory
> will be decided in the steps below, *i.e.*, boxes 12 and 13 of the
> flowchart.

Note 4: Claimed invention is not limited to a practical application.
Viewed as a whole, the claimed invention merely performs triple
precision arithmetic. It does not impart any *function* to the computer
system, *i.e.*, the claim is not practically applied. Instead, the
claimed invention merely *describes* the mathematical operations being
used in the computer system. This analysis is based upon the
determination in Note 3 above that the claim is not limited to a
specific machine or article of manufacture. *See* Guidelines, Section
IV.B.2(c) and (d). The claim should be rejected under 35 U.S.C. § 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Claim 3**

A triple precision arithmetic logic unit as claimed in claim 2, wherein
the logic unit is embedded in a single monolithic PAL.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Table for Claim 3**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | NO | GoTo: Q.9  |       |
|       | series                            |    |            |       |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       | Y  | GoTo: Q.10 |       |
|       | product                           | ES |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      | ?  | GoTo:      | Note  |
| 10    |                                   |    | Q.12a      | 3     |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      |       |
| 12    |                                   |    | Q.12b      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  | Note  |
|       |                                   | ES |            | 4     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Triple Precision Arithmetic]{.underline}**

**Table Notes for Claim 3**

Note 1: Disclosed invention performs complex chemical analysis employing
triple precision arithmetic computations on a general purpose computer.

Note 2: Disclosed invention uses a computer system to perform triple
precision arithmetic.

Note 3: The analysis of the claim language is the same as for claim 2
above, further requiring consideration of the recitation of the
limitation \"embedded in a single monolithic PAL.\" The terminology
\"embedded\" must be analyzed in light of the specification.
\"Embedded\" could define merely placing the claimed triple arithmetic
logic unit on the same chip substrate as the programmed array of
logic,(PAL), *i.e.*, the PAL is actually a separate and distinct
structure. If the claimed \"unit\" is merely mounted adjacent or in
close proximity to the PAL, the claimed invention as a whole, given its
broadest reasonable interpretation, is not a specific manufacture. The
mere recitation of a hardware element itself is insufficient to define a
specific manufacture. On the other hand, \"embedded\" could define that
the claimed logic unit is actually embodied as a PAL. If the claimed
apparatus is embodied in a programmed array of logic elements, that
claimed invention as a whole would consist of interrelated logic
circuits and means clearly constituting a specific manufacture. *See*
[In re Iwahashi]{.underline}, 888 F.2d 1370, 1374-75, 12 USPQ2d 1908,
1911-12 (Fed. Cir. 1989) (construing claim containing ROM limitation
under 35 U.S.C. § 112 ¶ 6 to determine whether claim recited specific
manufacture). Absent a clear definition for this terminology, the claim
would be given its broadest reasonable interpretation. Thus, the claim,
as a whole, is not limited to a specific manufacture. Again, applicant
could submit arguments challenging this interpretation, showing
particularly how the claim as a whole is limited to a specific
manufacture. *See* Guidelines, Section IV.B.2(a)(I).

> If the claimed invention encompasses any and every manufacture for
> causing the computer to perform the underlying process, then whether
> the claimed invention is statutory will be determined in the analysis
> steps below, *i.e.*, boxes 12 and 13 of the flowchart.

Note 4: Claimed invention is not limited to a practical application.
Viewed as a whole, the claimed invention merely performs triple
precision arithmetic. It does not impart any *function* to the computer
system, *i.e.*, the claim taken as a whole is drawn to a mathematical
algorithm which is not practically applied. Instead, the claimed
invention merely *describes* the mathematical operations being used in
the computer system. This result is based upon the analysis set forth in
Note 3 above. *See* Guidelines, Section IV.B.2(c) and (d). The claim
should be rejected under 35 U.S.C. 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

The invention is a method of determining whether to extend real estate
services to a potential customer. The method is performed utilizing a
general purpose computer system configured for that purpose, *i.e.*,
specific inputs for receiving data, ALUs, outputs, etc. for implementing
the method.

The method includes a series of steps to be performed on a computer
system for providing real time indications of whether to extend real
estate services such as insurance, second mortgages, lines of credit,
etc. based upon the potential customer's ownership of specified
securities. The computer system receives data relating to the value of
the specified securities, market variations/changes with respect to
those securities, and a potential range of acceptable future values for
those securities. Employing this data, the computer system determines
the probable value of those securities at a time in the future to assess
the risk of extending a home mortgage service or other real estate
related service to the potential customer who is the owner of the
securities. The assessment is made by comparing a determined level of
risk for extending the service with a threshold value for that risk. The
outcome of the evaluation and the resulting decision on the real estate
related service are conveyed to the potential customer.

The disclosed invention includes a preferred embodiment in specific
hardware/software but also includes high level flow charts that could be
used to implement the method in \"any and every\" product. The
notification to the potential customer is disclosed as including the
preparation of a \"form letter\" of acceptance/rejection; but further
includes a general statement that \"any other appropriate means\" could
be used. The \"form letter\" can be prepared by the computer
system-printer output or prepared by a person.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Claim 1**

In a system for real time determination of a market indicator for
securities which mature within a set time, the system comprising:

a\. means for receiving data relating to investor investment in specific
securities;

b\. means for receiving data relating to market transactions of the
securities;

c\. means for evaluating the received market transaction data to
determine which of the received market transaction data is within a
preset range of values;

d\. means for selecting the received market transaction data determined
to be within the preset range; and

e\. means for evaluating the data relating to investor investment in
specified securities and the selected data to determine the probable
value of the securities for a range of time in the future;

the method of determining the level of risk in extending a real estate
service comprising the steps of:

f\. evaluating the investor investment in specified securities data and
the probable value of the securities to determine the level of risk for
a home mortgage service; and

g\. using the level of risk determined for the home mortgage service to
determine a level of risk for a related real estate service.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Table for Claim 1**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 | Note  |
|       | series                            | ES |            | 3     |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      |       |
| 12    |                                   |    | Q.12b      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      | Note  |
| 13    |                                   |    | Q.13b      | 4     |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  |       |
|       |                                   | ES |            |       |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Table Notes for Claim 1**

Note 1: Disclosed invention determines, considering the risk levels,
whether to extend real estate services.

Note 2: Disclosed invention uses a computer system to determine risk
levels in extending real estate services.

Note 3: Disclosed invention is the method being performed on the system
described in the claim.

Note 4: Claimed invention is not limited to a practical application.
Viewed as a whole, the claimed invention is the abstract idea of using a
computer system to mathematically determine risk levels for extending
real estate services. It does not extend real estate services\--a
practical application. The claimed invention merely performs
calculations and outputs the direct result. *See, e.g.*, [In re
Schrader]{.underline}, 22 F.3d 290, 30 USPQ2d 1455 (Fed. Cir. 1994).
*See also* Guidelines, Section IV.B.2(c) and (d). The claim should be
rejected under 35 U.S.C. § 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Claim 2**

In a system for real time determination of a market indicator for
securities which mature within a set time, the system comprising:

a\. means for receiving data relating to investor investment in
specified securities;

b\. means for receiving data relating to market transactions of the
securities;

c\. means for evaluating the received market transaction data to
determine which of the received market transaction data is within a
preset range of values;

d\. means for selecting the received market transaction data determined
to be within the preset range; and

e\. means for evaluating the data relating to investor investment in
specified securities and the selected data to determine the probable
value of the securities for a range of time in the future;

the method of determining whether to extend a real estate service
comprising the steps of:

f\. evaluating the investor investment in specified securities data and
the probable value of the securities to determine the level of risk for
a home mortgage service;

g\. using the level of risk determined for the home mortgage service to
determine a level of risk for a related real estate service;

h\. comparing the level of risk for the related real estate service with
a threshold value; and

i\. determining whether to extend the related real estate service based
upon the comparison with the threshold value.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Table for Claim 2**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 | Note  |
|       | series                            | ES |            | 3     |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      |       |
| 12    |                                   |    | Q.12b      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      | Note  |
| 13    |                                   |    | Q.13b      | 4     |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  |       |
|       |                                   | ES |            |       |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Table Notes for Claim 2**

Note 1: Disclosed invention determines, considering the risk levels,
whether to extend real estate services.

Note 2: Disclosed invention uses a computer system to determine risk
levels in extending real estate services.

Note 3: Disclosed invention is the method being performed on the system
described in the claim.

Note 4: Claimed invention is *still* not limited to a practical
application. Viewed as a whole, the claimed invention is the abstract
idea of using a computer system to mathematically determine whether to
extend real estate services. It does not extend real estate services
based on the determination\--a practical application. Step i.
(\"determining whether to extend . . .\") must be given its broadest
reasonable interpretation in light of the specification. Unless
\"determining\" is something other than merely a mathematical operation,
for example, running a computer simulation, then the claimed invention
is no more than an abstract idea. *See* Guidelines, Section IV.B.2(c)
and (d). The claim should be rejected under 35 U.S.C. § 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Claim 3**

In the method of claim 2, the further step of notifying a potential
buyer of the decision on whether to extend the related real estate
service.

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Table for Claim 3**

+-------+-----------------------------------+----+------------+-------+
| BOX 2 | Q.2a. Does disclosed invention    | Y  | GoTo: Q.2b | Note  |
|       | have                              | ES |            | 1     |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.2b. Is disclosed invention in   | Y  | GoTo: Q.6a | Note  |
|       |                                   | ES |            | 2     |
|       | technological arts?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 6 | Q.6a. Is claimed invention a      | NO | GoTo: Q.6b |       |
|       |                                   |    |            |       |
|       | computer program *per se*?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6b. Is claimed invention a data | NO | GoTo: Q.6c |       |
|       |                                   |    |            |       |
|       | structure *per se*?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6c. Is claimed invention non-   | NO | GoTo: Q.6d |       |
|       |                                   |    |            |       |
|       | functional descriptive            |    |            |       |
|       |                                   |    |            |       |
|       | material?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.6d. Is claimed invention a      | NO | GoTo: Q.8  |       |
|       |                                   |    |            |       |
|       | natural phenomenon?               |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 8 | Q.8. Is claimed invention a       | Y  | GoTo: Q.12 | Note  |
|       | series                            | ES |            | 3     |
|       |                                   |    |            |       |
|       | of steps to be performed on a     |    |            |       |
|       |                                   |    |            |       |
|       | computer?                         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX 9 | Q.9. Is claimed invention a       |    | GoTo:      |       |
|       | product                           |    |            |       |
|       |                                   |    |            |       |
|       | for performing a process?         |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.10. Is claimed invention a      |    | GoTo:      |       |
| 10    |                                   |    |            |       |
|       | specific machine or               |    |            |       |
|       |                                   |    |            |       |
|       | manufacture?                      |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.12a. Does process have post-    | NO | GoTo:      | Note  |
| 12    |                                   |    | Q.12b      | 4     |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.12b. Does process have pre-     | NO | GoTo:      |       |
|       |                                   |    | Q.13a      |       |
|       | computer process activity?        |    |            |       |
+-------+-----------------------------------+----+------------+-------+
| BOX   | Q.13a. Does process manipulate    | NO | GoTo:      |       |
| 13    |                                   |    | Q.13b      |       |
|       | abstract idea w/o limitation to a |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+
|       | Q.13b. Does process solve math    | Y  | GoTo: END  | Note  |
|       |                                   | ES |            | 5     |
|       | problem w/o limitation to a       |    |            |       |
|       |                                   |    |            |       |
|       | practical application?            |    |            |       |
+-------+-----------------------------------+----+------------+-------+

**[EXAMINATION GUIDELINES FOR COMPUTER-RELATED INVENTIONS]{.underline}**

**Example:** **[Market Securities]{.underline}**

**Table Notes for Claim 3**

Note 1: Disclosed invention determines, considering the risk levels,
whether to extend real estate services.

Note 2: Disclosed invention uses a computer system to determine risk
levels in extending real estate services.

Note 3: Disclosed invention is the method being performed on the system
described in the claim.

Note 4: Without the complete specification, it is unclear whether the
step of \"notifying\" might include post-computer processing activity.
*See* Guidelines, Section IV.B.2(b)(I).

Note 5: Claimed invention is not limited to a practical application. The
specification discloses that \"notification\" includes the preparation
of an acceptance or rejection \"form\" letter *or \"*other appropriate
means\" by either the computer or a person. Thus, given its broadest
reasonable interpretation, the step of \"notifying a potential buyer of
the decision\" is not limited to a \"form\" letter\--a practical
application. Instead, it includes \"other appropriate means\" including
merely outputting the direct result of the calculation. *See* [In re
Abele]{.underline}, 684 F.2d 902, 909, 214 USPQ 682, 688 (CCPA 1982)
(display of result as shade of gray does not provide \"greater or better
information\" than mere display of number); [In re De
Castelet]{.underline}, 562 F.2d 1236, 195 USPQ 439 (CCPA 1977) (\"final
transmitting step constitutes nothing more than reading out the result
of the calculations\"). *See also* Guidelines, Section IV.2(d)(iii). The
claim should be rejected under 35 U.S.C. § 101.

> THE REMAINDER OF THE EXAMINATION MUST BE COMPLETED.