Appeal 2007-1200 Application 09/900,251 As the court observed in Sherwood, the writing of a program may require varying degrees of skill: In general, writing a computer program may be a task requiring the most sublime of the inventive faculty or it may require only the droning use of clerical skill. The difference between the two extremes lies in the creation of mathematical methodology to bridge the gap between the information one starts with ("the input") and the information that is desired ("the output"). In re Sherwood, 613 F.2d at 816-17, 204 USPQ at 544; but see Fonar Corp. v. General Electric Co., 107 F.3d 1543 (Fed.Cir.1997) (stating, in the context of a best mode analysis, "normally, writing code for . . . software is within the skill of the art, not requiring undue experimentation, once its functions have been disclosed"). The claimed invention . . . is not in the details of the program writing, but in the apparatus and method whose patentability is based on the claimed combination of components or steps. . . . The possible design of superior software, or whether each programmer would work out the details in the identical way, is not relevant in determining whether the inventor has complied with the enablement requirement. Northern Telecom, 908 F.2d at 941, 15 USPQ2d at 1329. 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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