In re Foster

Citation: In re Foster, 438 F.2d 1011, 169 U.S.P.Q. (BNA) 99 (C.C.P.A. 1971).

The invention presented was a mathematical method for correcting distortion in seismograms, and a digital computer was disclosed as a possible mode of practice. The Patent Office again presented Section 101 objections, which the court felt had been answered in Musgrave and Mahony. One process claim was limited only by the word "signals" and was consequently rejected under Prater II’s Section 112 "intention" test. By contrast, "electrical signals" was held to limit a companion claim to machine practice. Id. at 1016, 169 U.S.P.Q. (BNA) at 102.