From phm@a2e.de  Tue Jul 24 19:38:57 2001
From: phm@a2e.de (PILCH Hartmut)
Date: Tue, 24 Jul 2001 20:38:57 +0200 (CEST)
Subject: [Patents] Re: [Fwd: Dispositionsprogramm decision translated]
In-Reply-To: <Pine.LNX.4.33.0107241917460.1871-100000@mulix.oas.a2e.de>
Message-ID: <Pine.LNX.4.33.0107242035160.2580-100000@mulix.oas.a2e.de>

> > Viterbi algorithm (Fed. Pat Ct., 1996) "a generalised viterbi algorithm
> > (known sequence of steps for signal processing) for receiving signal
> > transmitted through a noisy channel". Known algorithm being applied in
> > specific way using specific equipment. Held: not an algorithm per se but, by
> > virtue of careful limitation in claim, an algorithm having technical
> > content. Therefore, patentable subject matter and, on novelty, new use of
> > known thing.
>
> This of course destroys both the concept of technical invention and
> to a claim ...

Sorry, this text is messed up.  It must read:

This of course destroys both the concept of technical invention and the
law-conformance of BGH caselaw, because the claim is de facto directed to
a computer program as such:  by writing and selling a computer program as
such you will be deemed to be infringing (at least contributorily), and by
adding an non-inventive materialisation step, namely the execution of the
program on the computer, you will be directly infringing on the claim.

--
Hartmut Pilch                                           http://phm.ffii.org/
Protecting Innovation against Patent Inflation	      http://swpat.ffii.org/
80000 signatures against software patents         http://www.noepatents.org/



