In re Johnson (589 F.2d 1070, 1979 Feb 15)
Decision Parameters
- Case: In re Johnson
- Type: [PHYSICAL, ALGORITHM, USEFUL]
- Date: 1979 Feb 15
- Code: 589 F.2d 1070
- Court: Federal Circuit (CCPA)
- Vote: 5-0
- URL: casetext.com/case/application-of-johnson-7
- Patent:
Decisions It Cites
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O'Reilly v. Morse [56 U.S. 15, 1853]
Gottschalk v. Benson [409 U.S. 63, 1972]
In re Chatfield [545 F.2d 152, 1976]
Parker v. Flook [437 U.S. 584, 1978]
Decisions That Cite It
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In re Alappat [33 F.3d 1526, 1994]
Rules & Quotes
[PHYSICAL] {1} The products produced by applicants' claimed processes are new, noiseless seismic traces recorded on a record medium and not mere mathematical values. Thus, the significant limitations recited in the claims of operating on a recorded, unenhanced, seismic trace to produce and record a new seismic trace lead us to find the claims to recite statutory processes and not methods of calculating as were present in Flook.{2} The products produced by applicants' claimed processes are new, noiseless seismic traces recorded on a record medium and not mere mathematical values. Thus, the significant limitations recited in the claims of operating on a recorded, unenhanced, seismic trace to produce and record a new seismic trace lead us to find the claims to recite statutory processes and not methods of calculating as were present in Flook.
{3} Under the second step of our analysis, we must determine whether each claim as a whole, including all of its steps, merely recites a mathematical formula or a method of calculation. This analysis requires careful interpretation of each claim in the light of its supporting disclosure to determine whether or not it merely defines a method of solving a mathematical problem. If it does not, then it defines statutory subject matter, namely, a "process".