Judgment
The judgment approved a new four-step test to be used when assessing whether or not an application actually describes an invention. The four-step test is as follows:
- Properly construe the claim;
- Identify the actual contribution;
- Ask whether the contribution falls solely within excluded subject matter; and
- Check whether the contribution is technical in nature.
The second step, that of identifying the contribution, was highlighted as being the most problematic since it may be difficult to determine what the contribution actually is.
Read more about this topic: Aerotel V Telco And Macrossan's Application
Famous quotes containing the word judgment:
“The repudiation of the primacy of understanding means the repudiation of the norms of judgment as well, and hence the abandonment of all ethical standards.”
—Johan Huizinga (18721945)
“If a man is a good lawyer, a good physician, a good engineer ... he may be a fool in every other capacity. But no deficiency or mistake of judgment is forgiven to a woman ... and should she fail anywhere, if she has any scientific attainment, or artistic faculty, instead of standing her interest as an excuse, it is censured as an aggravation and offence.”
—E.P.P., U.S. womens magazine contributor. The Una, p. 28 ( February 1855)
“Common sense is judgment without reflection, shared by an entire class, an entire nation, or the entire human race.”
—Giambattista Vico (16881744)