Application of Knowlton
Decision Date | 26 July 1973 |
Docket Number | Patent Appeal No. 8896. |
Citation | 178 USPQ 486,481 F.2d 1357 |
Parties | Application of Kenneth C. KNOWLTON. |
Court | U.S. Court of Customs and Patent Appeals (CCPA) |
Robert O. Nimtz, Murray Hill, N. J., attorney of record, for appellant.
S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Jere W. Sears, Washington, D. C., of counsel.
Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges.
This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 1-22, all the claims in appellant's application.1
Appellant's invention relates to a system for computer processing of list information, i. e., items of information which are related or have characteristics in common, such as business inventories, personnel files, business accounts, etc. The application states:
The application sets out schematic block diagrams related to various aspects of the invention. Figure 1 is typical, and shows how the memory blocks of various sizes are obtained:
The application also contains descriptions of the drawings, in which the relationships between the depicted components of the invention are generally described. However, what appellant contends is a complete disclosure of the preferred embodiment of the invention is made up of a number of computer program listings for use of the invention with a general purpose digital computer, and descriptions of how the listed programs work. The specification refers to the IBM 7094 Data Processing System as one type of apparatus which could process the listed computer programs.
The first listing which appears in the application is entitled "Storage Allocator," and the first part of that listing appears as follows:
PROGRAM LISTING NO. 1 || ||* ||* * * * * * * STØRAGE ALLØCATØR * * * * * * ||* ||* 1-BLØCK PRØCURER ||* || 1|| GET.1 SXA *+8,4 SAVE INDEX REGISTER 4 2|| NZT 1.S TEST 1-BLØCK STØRAGE LIST FØR EMPTY 3|| TSX SPLIT2,4 IF EMPTY, SPLIT A 2-BLØCK 4|| LDQ 1.S ADDR. ØF 1ST FREE BLØCK INTØ MQ 5|| CAL* 1.S ADDR. ØF 2ND FREE BLØCK INTØ AC 6|| STZ* 1.S CLEAR PØINTER IN 1ST FREE BLØCK 7|| STA 1.S ADDR. ØF 2ND BLØCK INTØ HEAD ØF LIST 8|| XCL ADDR. ØF 1ST BLØCK INTØ AC 9|| AXT **, 4 RESTØRE INDEX REGISTER 4 10|| TRA 1, 4 RETURN ||*
Following each program listing, there is an explanation of how the listed program works. While some of these explanations are more detailed than others, we find that the explanation of the above-quoted portion of the first listing is sufficiently representative for an understanding of the case:
Appellant states that "the claims are all couched in the `means-plus-function' claim format sanctioned by the third paragraph of 35 U.S.C. § 112." He further states that most of them "call for means for organizing a memory into storage blocks, means for specifying fields in such storage blocks, base registers for holding pointer signals to the blocks, and processing means using the pointer signals for operating on the contents of specified fields." Claim 1 is exemplary (paragraphing ours):
The board sustained...
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Alappat, In re, 92-1381
...1370, 1375, 12 USPQ2d 1908, 1912 (Fed.Cir.1989); In re Meyer, 688 F.2d 789, 796, 215 USPQ 193, 199 (CCPA1982); In re Knowlton, 481 F.2d 1357, 1366, 178 USPQ 486, 492-93 (CCPA1973); In re Foster, 438 F.2d 1011, 1014, 169 USPQ 99, 102 (CCPA1971); In re Bernhart, 417 F.2d 1395, 1399, 163 USPQ ......
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Engineered Products Co. v. Donaldson Co., Inc.
...element of the invention which performs the recited function without aid from other elements of the invention." 481 F.2d 1357, 1368, 178 USPQ 486, 494 (Cust. & Pat.App.1973) (emphasis in original). Instead, the court concluded that "the application describes and identifies apparatus combina......
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Donaldson Co., Inc., In re, 91-1386
...In re Meyer, 688 F.2d 789, 796, 215 USPQ 193, 199 (CCPA 1982) (section 101 patentability determination); In re Knowlton, 481 F.2d 1357, 1366, 178 USPQ 486, 492-93 (CCPA 1973) (patentability determination as to section 112 and prior art); In re Foster, 438 F.2d 1011, 1016, 169 USPQ 99, 102 (......
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Technitrol, Inc. v. Control Data Corp.
...paragraph, also above mentioned. We think a correct construction of the third paragraph of § 112 has been stated in Application of Knowlton, 481 F.2d 1357 (Cust.Pat.App.1973). There, the paragraph was described as dealing with permissible forms of claiming (italics from Knowlton ), and, aft......
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The Rosetta Stone for the doctrine of means-plus-function patent claims.
...matter and prior art) include: In re Fuetterer, 319 F.2d 259 (C.C.P.A. 1963); In re Sweet, 393 F.2d 837 (C.C.P.A. 1968); In re Knowlton, 481 F.2d 1357 (C.C.P.A. 1973); In re Walter, 618 F.2d 758 (C.C.P.A. 1980); In re Mulder, 716 F.2d 1542 (Fed. Cir. 1983); and In re Iwahsashi, 888 F.2d 137......