Freeman-Walter-Abele Test - Development From Freeman Test

Development From Freeman Test

Freeman test: "It is first determined whether a mathematical algorithm is recited directly or indirectly in the claim. If so, it is next determined whether the claimed invention as a whole is no more than the algorithm itself; that is, whether the claim is directed to a mathematical algorithm that is not applied to or limited by physical elements or process steps." In Freeman this was a controlling computer. These physical elements were seen as part of apparatus claims while refinements and limits were to be present in process steps. With Walter the test was modified to be consistent with Benson and Flook “no amount of post-solution activity will render the claim statutory; nor is it saved by a preamble merely reciting the field of use of the mathematical algorithm.” Finally the test was defined in Abele algorithms “applied in any manner to physical elements or process steps” were patentable. However, caveats that field of use or non essential post processing activity remained.