held unpatentable a process of performing a clinical test and, based on the data from
that test, determining if an abnormality existed and possible causes of any abnormality.
888 F.2d at 837, 841. We rejected the claim because it was merely an algorithm
combined with a data-gathering step. Id. at 839-41. We note that, at least in most
cases, gathering data would not constitute a transformation of any article. A
requirement simply that data inputs be gathered—without specifying how—is a
meaningless limit on a claim to an algorithm because every algorithm inherently
requires the gathering of data inputs. Grams, 888 F.2d at 839-40. Further, the inherent
step of gathering data can also fairly be characterized as insignificant extra-solution
activity. See Flook, 437 U.S. at 590.
Similarly, In re Schrader presented claims directed to a method of conducting an
auction of multiple items in which the winning bids were selected in a manner that
maximized the total price of all the items (rather than to the highest individual bid for
each item separately). 22 F.3d 290, 291 (Fed. Cir. 1994). We held the claims to be
drawn to unpatentable subject matter, namely a mathematical optimization algorithm.
Id. at 293-94. No specific machine or apparatus was recited. The claimed method did
require a step of recording the bids on each item, though no particular manner of
recording (e.g., on paper, on a computer) was specified. Id. But, relying on Flook, we
held that this step constituted insignificant extra-solution activity. Id. at 294.
IV.
We now turn to the facts of this case. As outlined above, the operative question
before this court is whether Applicants' claim 1 satisfies the transformation branch of the
machine-or-transformation test.
2007-1130 27