Posted by Anton Hughes on Wednesday, March 22, 2006 with No comments
CitationIn re John P. Mahony (1970) 57 CCPA 939; 421 F.2d 742
JurisdictionUS Court of Customs and Patent Appeals
FactsPatent for circuits and methods for automatically synchronising a receiver of digital information. The invention specifically related to the way in which a receiving device could know where to divide a stream of bits into words, wherein each word consisted of a certain number of bits and a pattern of framing bits.
OutcomeThe CCPA overturned the rejection of the examiner, and its affirmation by the board.
- The present case was distinguishable from Prater in that the language of the claims made it clear that protection of a machine-implemented process was sought. (per Stone J at 945)
- The term "bit" when used in conjunction with "bit stream" has a meaning in the art which precludes reading the claims on a mentally performed process. (per Stone J at 945)