In re Musgrave (431 F.2d 882, 1970 Oct 08)

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[MENTAL] {1} The actual manipulation of the signals may be effected by apparatus or manually, depending on the form taken by the "signals," the proper degree of manipulation being definable mathematically. We cannot agree with the board that these claims (all the steps of which can be carried out by the disclosed apparatus) are directed to non-statutory processes merely because some or all the steps therein can also be carried out in or with the aid of the human mind or because it may be necessary for one performing the processes to think.

[TECHNOLOGICAL] {2} The actual manipulation of the signals may be effected by apparatus or manually, depending on the form taken by the "signals", the proper degree of manipulation being definable mathematically. ... All that is necessary, in our view, to make a sequence of operational steps a statutory "process" within 35 U.S.C. Section 101 is that it be in the technological arts so as to be in consonance with the Constitutional purpose to promote the progress of "useful arts". Const. Art. 1, sec. 8.


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