Appeal No. 97-0244
Application 08/042,357
query processing system comprising a document database and a
document query processor. The claims are recited in such a
manner as to encompass all means and/or systems and elements
to perform the mathematical operations recited. In fact there
appears to be no apparatus that could solve the algorithm of
claims 3 and 4 without infringing the claim "structure". We
are of the view that appellants cannot circumvent the law by
simply nominally reciting elements which generally perform the
functions recited.
In any event, to the extent claims 3 and 4 may be inter-
preted in the alternative to recite actual structure in the
form of the claimed "system" and its respective "elements",
such a drafting approach amounts to no more that a gratuitous
recitation
of elements for the purpose of attempting to circumvent the
rejectability of these claims under 35 U.S.C. § 101 by
exalting form over substance. Any thing that would perform
the recited functions or mathematical operations may be
characterized as structure or machine elements. As a
practical matter, the algorithm can't be implemented without
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007