888 F.2d 1370 (Fed. Cir. 1989), 89-1019, In re Iwahashi

Docket Nº:89-1019.
Citation:888 F.2d 1370
Party Name:12 U.S.P.Q.2d 1908 In re Hiroyuki IWAHASHI, Yoshiki Nishioka and Mitsuhiro Hakaridani.
Case Date:November 07, 1989
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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Page 1370

888 F.2d 1370 (Fed. Cir. 1989)

12 U.S.P.Q.2d 1908

In re Hiroyuki IWAHASHI, Yoshiki Nishioka and Mitsuhiro Hakaridani.

No. 89-1019.

United States Court of Appeals, Federal Circuit

November 7, 1989

Page 1371

Charles Gorenstein, Birch, Stewart, Kolasch & Birch, of Falls Church, Va., for appellant. With him on the brief was Michael K. Mutter.

John C. Martin, Associate Sol., Office of the Sol., of Arlington, Virginia, for appellee. With him on the brief was Fred E. McKelvey, Sol.

Before RICH and BISSELL, Circuit Judges, and NICHOLS, Senior Circuit Judge. [*]

RICH, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board), dated May 24, 1988, adhered to on reconsideration, affirming the examiner's final rejection of the single claim of applicants' patent application serial No. 454,022, filed December 28, 1982, entitled "Auto-Correlation Circuit for Use in Pattern Recognition." The sole ground of rejection is that the subject matter claimed is nonstatutory under 35 U.S.C. Sec. 101 because it is merely a mathematical algorithm. We reverse.

The real party in interest, according to appellants' brief, is Sharp Kabishiki Kaisha (Sharp Corporation).

The opening sentence of the specification states: "This invention relates to an auto-correlation unit for use in pattern recognition to obtain auto-correlation coefficients as for stored signal samples." The embodiment more particularly discussed as a species of pattern recognition is voice recognition. The prior art calculation of auto-correlation coefficients is described as being based on a calculation formula involving a multiplication step. The specification states the disadvantage to be as follows:

Those state-of-the-art units for calculation of the auto-correlation coefficients have the disadvantage of requiring expensive multipliers and also complicated circuitry. As a result the auto-correlation unit circuitry within the entire pattern recognition apparatus is proportionately large and auto-correlation calculation demands a greater amount of time during recognition.

....

The principal object of this invention is to provide an auto-correlation unit for pattern recognition which evaluates auto-correlation coefficients by means of a simple circuitry without the need for an expensive multiplier as well as eliminating the above discussed disadvantages.

Underlying the auto-correlation unit claimed, is a plethora of mathematical demonstration by which the applicants purport to show that the approximated value of the desired coefficient can be obtained without multipliers by obtaining the square of the sum of two of the factors in the equation and calculating the auto-correlation coefficient therefrom according to a stated formula. The specification concludes:

As explained in the foregoing, this invention offers a highly cost effective auto-correlation unit for pattern recognition with simple circuitry without the need to use an expensive multiplier, but

Page 1372

which has comparatively high accuracy and can, moreover, calculate auto-correlation coefficients at high speed.

Fig. 1 of the application drawings is described as "a block diagram schematically showing an embodiment of this invention" and appears as follows:

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

Fig. 2 is described as "a block diagram showing in more detail the embodiment of this invention" and appears as follows:

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

We shall not attempt a description of the...

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