Intellectual Property Attorneys - IP Lawyers

BPAI applies Bilski, holds machine claim unpatentable

In Ex parte Cornea-Hasegan, the Board of Patent Appeals and Interferences has found that a method for predicting results of floating point mathematical operations and calculating the results using software--when the result is too small to be accurately calculated via floating-point hardware--is not patentable subject matter in light of In re Bilski, 545 F.3d 943 (Fed. Cir. 2008).

While the claim recited a "processor", the BPAI stated that the recitation did not impose any limits on the claim's scope, nor did it tie the process steps to a particular machine. Furthermore, while claimed "floating-point hardware" may have been a particular machine, the BPAI saw it as "insignificant extra-solution activity" that is not sufficient to transform an unpatentable principle into a patentable process.

Regarding claims directed to "computer readable media", the BPAI held that such limitations do not add any practical limitations to the claim scope, as eligibility under Section 101 could not be circumvented by attempting to limit the use of the formula to a particular technological environment.

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