HP loses in Ex parte Chen

from within Ex parte Chen

A representative claim:



A method of forecasting a goal in a
principal-agent environment, comprising:

providing an agent with a menu of incentive
contracts each having a respective parameter
values comprising parameter values specifying a
fixed compensation portion of the respective
incentive contract that is earned regardless of the
agent meeting the goal and an at-risk
compensation portion of the respective incentive
contract that is earned on condition that the agent
meets the goal;

receiving from the agent a selection of one
of the incentive contracts; and

forecasting a likelihood of the goal
occurring from one or more of the respective
parameter values of the incentive contract selected
by the agent;

wherein the providing, the receiving, and the
forecasting are performed by a computing
apparatus.


Note the structure of the claim, with the preamble
reciting "a method of forecasting" and the last gerund
being "forecasting a likelihood of the goal occurring" and the
wherein clause refining the acts of the gerunds.

HP lost on obviousness. For example,


Although the Appellants argue that a “user's past performance and
goal achievement records" (as Merrill discloses) do not constitute "one or
more of the respective parameter values of the incentive contract selected by
the agent" (claim 1), Appellants do not explain why they do not.