In re Maucorps’s Empirical Analysis
609 F.2d 481 · 1979
Citation profile
5 federal appellate · 2 district ·
How this case has been cited
Cited by 19 later decisions — most recently July 2012
5 federal appellate · 2 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 35 U.S.C. § 101 · 35 U.S.C. § 112
Relies on Gottschalk v. Benson · Parker v. Flook · Meers v. Sundstrand Corp. · In re Freeman · In re Chatfield
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Determination of whether a claim preempts nonstatutory subject matter as a whole, in the light of Benson , requires a two-step analysis. First, it must be determined whether the claim directly or indirectly recites an “algorithm” in the Benson sense of that term, for a claim which fails even to recite an algorithm clearly cannot wholly preempt an algorithm. Second, the claim must be further analyzed to ascertain whether in its entirety it wholly preempts that algorithm.”
2 later decisions quote this exact passage“Labels are not determinative in § 101 inquiries. “Benson applies equally whether an invention is claimed as an apparatus or process, because the form of the claim is often an exercise in drafting.” In re Johnson, 589 F.2d 1070, 1077 (C.C.P.A.1978)____ Moreover, that the claimed computing system may be a ‘machine’ within ‘the ordinary sense of the word,’ ... is irrelevant.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.