Decision Parameters
Decisions It Cites
In re Bernhart [417 F.2d 1395, 1969]
Gottschalk v. Benson [409 U.S. 63, 1972]
Decisions That Cite It
In re Johnston [502 F.2d 765, 1974]
Rules & Quotes
[ALGORITHM] {1} The issue considered by the Supreme Court in Benson was a narrow one, namely, is a formula for converting binary coded decimal numerals into pure binary numerals by a series of mathematical calculations a patentable process? The issue before us in the instant case is also a narrow one, namely, is a method claim in which the point of novelty is a mathematical equation to be solved as the final step of the method, a statutory method? We follow the Supreme Court in concluding that the answer is in the negative. Given that the method of solving a mathematical equation may not be the subject of patent protection, it follows that the addition of the old and necessary antecedent steps of establishing values for the variables in the equation cannot convert the unpatentable method to patentable subject matter.
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