Legal Opinion

In Re Hiroyuki Iwahashi, Yoshiki Nishioka and Mitsuhiro Hakaridani

Court of Appeals for the Federal Circuit

Decided November 7, 1989No. 89-1019PublishedCited by 17 opinions

1Opinion of the Court

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. § 101 because it is merely a mathematical algorithm. We reverse.

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2Cases cited9 opinions

  1. Gottschalk v. BensonSupreme Court of the United States · 1972
  2. In re FreemanCourt of Customs and Patent Appeals · 1978
  3. In re ChatfieldCourt of Customs and Patent Appeals · 1976
  4. In re AbeleCourt of Customs and Patent Appeals · 1982
  5. In Re Ralph R. Grams and Dennis C. LezotteCourt of Appeals for the Federal Circuit · 1989

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3Cited by17 opinions

  1. In Re Donaldson Company, IncCourt of Appeals for the Federal Circuit · 1994
  2. Leonard R. Kahn v. General Motors CorporationCourt of Appeals for the Federal Circuit · 1998
  3. In Re Kuriappan P. Alappat, Edward E. Averill and James G. LarsenCourt of Appeals for the Federal Circuit · 1994
  4. Alpex Computer Corporation, Plaintiff/cross-Appellant v. Nintendo Company Ltd. And Nintendo of America, Inc.Court of Appeals for the Federal Circuit · 1997
  5. State Street Bank & Trust Co. v. Signature Financial Group, Inc.Court of Appeals for the Federal Circuit · 1998

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