Appeal No. 97-1182
Application No. 08/150,371
generally, as "an adding/subtracting circuit." Accordingly,
the granting of a patent on such a claim would act to preempt
the use of any and all means to perform the already-held
nonstatutory method of claim 1 since any means to perform the
adding and subtracting steps would constitute "an
adding/subtracting circuit."
Since one of the public policies behind the mathematical
algorithm exception to 35 U.S.C. 101 is not to preempt others
from employing mathematical algorithms which are scientific
tools which should be available to anyone and instant claim 1
has been held to be drawn to such a nonstatutory mathematical
algorithm, unrelated to any practical application of said
algorithm, it would appear illogical to impart statutory
status to otherwise nonstatutory subject matter by the mere
inclusion of "an adding/subtracting circuit" where such
language, if granted patented status, would amount to a
preemption of the mathematical algorithm of claim 1 from being
performed by any and all means for adding and subtracting. Of
course, the situation might be different if the
"adding/subtracting circuit" was recited as comprising some
specific structure for adding and subtracting.
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