In re Waldbaum (Waldbaum I)

Citation: In re Waldbaum (Waldbaum I), 457 F.2d 997, 173 U.S.P.Q. (BNA) 430 (C.C.P.A. 1972).

The invention was a method of analyzing data words to determine the number of binary 1’s they contained. The claims were limited to such language as "data processor" and "register." Patent Office objections based on Sections 100(b) and 101 were overruled. The principal point of interest was the C.C.P.A.'s elaboration of the Musgrave "technological arts" test: "The phrase 'technological arts,' as we have used it, is synonymous with the phrase 'useful arts' as it appears in Article I, Section 8 of the Constitution."

Judge Rich filed a concurring opinion. apparently only for the purpose of refining the majority's statement.