INTERNATIONAL BUSINESS MACHINES CORPORATION

[1990] APO 47

PATENTS ACT 1952

DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS

Re:Patent Application No. 73701/87 by INTERNATIONAL LBUSINESS MACHINES CORPORATION.  Examiner's objections.

Background

Application No. 73701/87, relating to producing a curve image, was lodged on 1 June 1987.  It derives priority from a US basic application filed on 13 June 1986.  Following a request for examination, the examiner's first report issued on 9 February 1989.  Some amendments to the specification were proposed by the applicant but the examiner maintained objections that the claims do not define a manner of manufacture.  The matter was heard in Canberra on 10 October 1990; the applicant was represented by Mr Fraser Old, patent attorney, Mr Lee Pippard and Ms Sharon Chang from Spruson & Ferguson, Sydney.   The examiner Mr Allen Evans was also present at the hearing.
Decision
         The specification ends with 15 claims defining the invention.  I find that method claims 1, 2, 3 and 6 are directed to a mathematical algorithm and are therefore not patentable, and that apparatus claims 9, 10 and 14 do not include any apparatus features which are characteristic of the invention and are therefore not fairly based on the matter described in the specification.  Method claims 4, 5, 7, 8 and 15 are directed to methods of operating a

computer, apparatus claims 11, 12 and 13 include characteristic apparatus features and therefore these claims are patentable and allowable.
         The final date for acceptance of this application is 9 November 1990.  The imminence of this date has not allowed me to elaborate on the reasons for my decision.  This will be done in a further decision to issue later.

(J.I. WELSH)