In re Toma

Name

In re Toma

Cite

575 F.2d 872

Year

1978

Bluebook cite

In re Toma, 575 F.2d 872 (C.C.P.A. 1978).

Author

URL

575 F.2d 872

Item Type

case

Summary

Appeal of rejection of claims under 35 U.S.C. § 101 as being directed to nonstatutory subject matter. The invention involved was a method of operating a digital computer to translate from a source natural language (Russian, for example) to a target natural language (English, for example). The board had cited to Gottschalk v. Benson, 409 U.S. 63 (1972), and rejected the claims on the basis that algorithms are not patentable subject matter. The court reversed.

While this case does not focus on the utility requirement of § 101, the court did use language that may relate to utility. The court stated that “{t}he “technological” or “useful” arts inquiry must focus on whether the claimed subject matter (a method of operating a machine to translate) is statutory, not on whether the product of the claimed subject matter (a translated text) is statutory, not on whether the prior art which the claimed subject matter purports to replace (translation by human mind) is statutory, and not on whether the claimed subject matter is presently perceived to be an improvement over the prior art, e. g., whether it “enhances” the operation of a machine.” Id. at 877-78.

Excerpts and Summaries

Created

Tuesday 30 of September, 2008 13:06:39 GMT
by Unknown

LastModif

Tuesday 30 of September, 2008 13:06:39 GMT
by Unknown