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the panel, however, we sua sponte ordered en banc review.  Oral argument before the 
en banc court was held on May 8, 2008.  We affirm the decision of the Board because 
we conclude that Applicants' claims are not directed to patent-eligible subject matter, 
and in doing so, we clarify the standards applicable in determining whether a claimed 
method constitutes a statutory "process" under § 101. 
I. 
Applicants filed their patent application on April 10, 1997.  The application 
contains eleven claims, which Applicants argue together here.  Claim 1 reads: 
A method for managing the consumption risk costs of a commodity sold by 
a commodity provider at a fixed price comprising the steps of: 
(a) initiating a series of transactions between said commodity provider 
and consumers of said commodity wherein said consumers 
purchase said commodity at a fixed rate based upon historical 
averages, said fixed rate corresponding to a risk position of said 
consumer; 
(b) identifying market participants for said commodity having a counter-
risk position to said consumers; and 
(c) initiating a series of transactions between said commodity provider 
and said market participants at a second fixed rate such that said 
series of market participant transactions balances the risk position 
of said series of consumer transactions 
 
′892 application cl.1.  In essence, the claim is for a method of hedging risk in the field of 
commodities trading.  For example, coal power plants (i.e., the "consumers") purchase 
coal to produce electricity and are averse to the risk of a spike in demand for coal since 
such a spike would increase the price and their costs.  Conversely, coal mining 
companies (i.e., the "market participants") are averse to the risk of a sudden drop in 
demand for coal since such a drop would reduce their sales and depress prices.  The 
claimed method envisions an intermediary, the "commodity provider," that sells coal to 
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