Aristocrat Technologies Australia (ATA) v. International Gaming Technology (IGT) (2007-1419) (Fed. Cir. 2008) --- March 31, 2008
The CFAC held that to satisfy 35 U.S.C. § 112 ¶ 6, for a means-plus-function term in a computer implement claim, the specification must disclose an example ( "structure") algorithm for that means-plus-function term.
The court stated that the patentee "was not required to produce a listing of source code or a highly detailed description of the algorithm to be used to achieve the claimed functions in order to satisfy 35 U.S.C. § 112 ¶ 6. It was required, however, to at least disclose the algorithm that transforms the general purpose microprocessor to a “special purpose computer programmed to perform the disclosed algorithm.” WMS Gaming, 184 F.3d at 1349.
Practice tip: include example algorithms for computer means-plus-function terms. Also write additional claim types without means plus function terms.
Practice tip: include example algorithms for computer means-plus-function terms. Also write additional claim types without means plus function terms.
