Appeal 2007-1251
Application 09/451,097
steps or post-solution activity. However, if a claim is considered to be an
abstract idea, then the claim is not eligible for and, therefore, is excluded
from patent protection.
Claim 37 recites two steps, (1) calculating statistics of motion vector
information, and (2) generating a frame feature value comprising numerical
information representing a quantity of a feature contained in a frame of
image data using the calculated statistics. Both steps are mathematical
functions, and the result is a mathematical value. Further, the claimed
method includes no recitation of a computer. Thus, the method appears to
be a disembodied concept. Accordingly, claim 37 merely recites a
mathematical algorithm.
Nonetheless, assuming arguendo that claim 37 is not solely directed
to an algorithm, the next question is whether the claimed invention is
directed to a practical application of an abstract idea. "[W]hen a claim
containing [an abstract idea] implements or applies that [idea] in a structure
or process which, when considered as a whole, is performing a function
which the patent laws were designed to protect (e.g., transforming or
reducing an article to a different state or thing), then the claim satisfies the
requirements of § 101." Diehr, 450 U.S. at 192, 209 USPQ at 10. Also,
according to the test set forth in State Street Bank & Trust Co. v. Signature
Finance Group, Inc., 149 F.3d 1368, 1373, 47 USPQ2d 1596, 1601 (Fed.
Cir. 1998), the production of a useful, concrete, and tangible result equates
to a practical application of an abstract idea.
In claim 37, we find no physical subject matter being transformed,
just numerical values being manipulated. Further, though the preamble
recites "[a] method of associating frame feature values with a plurality of
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