Application of Charles D. Prater and James Wei

415 F.2d 1378, 56 C.C.P.A. 1360
CourtCourt of Customs and Patent Appeals
DecidedNovember 20, 1968
DocketPatent Appeal 7987
StatusPublished
Cited by9 cases

This text of 415 F.2d 1378 (Application of Charles D. Prater and James Wei) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Application of Charles D. Prater and James Wei, 415 F.2d 1378, 56 C.C.P.A. 1360 (ccpa 1968).

Opinion

SMITH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals 1 affirming the rejection by the examiner of all claims of appellants’ application. 2

The issues involved relate to an invention against which no prior art has been cited. The rejections of the process and apparatus claims are solely based upon considerations of law and statutory construction. . ■

The invention is concerned with spec-trographic analysis and is intended to facilitate the provision of accurate data on the relative proportions of various known constituent gases in a mixture of gases. In performing such analysis, the spectograph produces a spectogram, typically in the form of a trace, having a plurality of peaks. For each peak a first order linear equation may be derived by conventional mathematics relating the height of the peak on the spectogram to the relative concentrations of the constituent gases in the mixture. The equations are of the general form:

Y1 = a11 x1 + a12 x2 + a13 x3 ... a1m xm
Y2 = a21 x1 + a22 x2 + a23 x3 ... a2m xm
Yn — an1 x1 + an2 x2 + an3 x3 ... anm Xm
where
Y1, Y2 ... Yn —• peak heights of peaks 1,2 ... n respectively of the spectrogram
x1, x2 ... xm = relative concentrations of m constituent gases
Nos. 1,2 ... m respectively present in the mixture
a11 a12 ... anm — coefficients representing the contribution that each gaseous component makes to the height of each peak.

*1379 As the spectrogram customarily includes more peaks than there are constituent gases in the mixture (i. e., n is larger than m), more than enough equations are available to provide several subsets of equations, each of which subsets is capable of having the equations within the subset solved simultaneously for the values of the concentrations of the constituent gases. In an ideal world where the peak heights could be measured with 100% accuracy, it would not matter which particular subset of equations was selected for solution as any subset of equations equal in number to the number of the constituent gases, would solve to the same values.

Applicants, however, like the rest of us, work in the real world where the measurement of peak heights is subject to varying degrees of error from peak to peak. As a result of the varying degrees of error in peak measurement, the equations in one subset (relating to one particular selected subset of peaks) when solved simultaneously may yield values for the various concentrations of gases which vary from the values that would be derived from solution of the equations in a different subset relating to a different selection of peaks.

In this situation appellants have made a discovery which lies at the heart of their invention. Appellants have discovered a way to identify one particular subset of equations, related to one optimum set of peaks, which provides significantly more accurate values for the concentrations of the constituent gases than the other subsets. Selection of the optimum subset of peaks, in the absence of applicants’ invention, may sometimes be a staggering problem. For example, we are informed that for a ten-constituent mixture and a resulting spectrogram containing twenty peaks, there are 184,-756 possible subsets of ten equations, which would mean 184,756 different possible sets of ten peaks to be chosen out of the twenty peaks available.

It is appellants’ discovery that the optimum set of peaks (for derivation of the most accurate concentration results) may be isolated and selected by finding the subset of equations having the largest determinant amongst all the possible subsets that might be chosen. This discovery, so far as the record shows, is entirely novel.

Applicants have also disclosed, in detail, a machine for carrying out their invention. As disclosed in the specification, this machine includes a battery-energized motor which drives the armatures of ganged rotary switch sections through a mechanical linkage. The motor is stopped when the solenoid of a relay is energized by the amplified output of a photocell which scans the oscilloscope screen and is responsive to a maximum signal appearing on that screen. The signals produced on the oscilloscope screen correspond to the magnitude of the determinants of the several sets of equations. These signals are brought together on the screen within the view of the photocell. Movement of the photocell downwardly across the face of the oscilloscope is accomplished by said motor of the machine which also drives said photocell carrier through a gear box. When the photocell photo-eleetrically senses the upper end of a determinant trace on the oscilloscope screen, its electrical response is amplified and this energizes the relay which stops the motor. It is at this point that the machine has identified the “determinant of greatest magnitude.” Stopping of the motor simultaneously stops operation of the rotary switches driven by the motor and the valves of the circuits which are established at that point are displayed on meters. The reading on each meter reveals the concentration of one selected gaseous component for which the sample is being tested.

The various mathematical coefficients to be dealt with in utilizing appellants’ method are represented in the disclosed machine by various voltages in various circuits. In this manner, the coefficients of the relevant mathematical formulae *1380 appear as electro-mechanical elements in appellants’ machine.

The specification sets forth in detail the electrical and mechanical components of this machine and their respective functions to relate the mathematical coefficients inherent in the present invention to a step in the method and to a means in the machine which directly performs the mathematical functions which underlie the present invention.

Appellants’ specification describes the operation of the claimed machine in relation to the mathematical content of their claimed invention, and points out that as the motor rotates the armatures of the ganged rotary switch banks through, for example, six pre-set separate positions, the values of the determinants for six sets of equations represented by these six positions of the armatures can be ascertained.

While the disclosed method and machine are described in a preferred embodiment by reference to an analog computer, which the above-described machine is, such device is visualized by appellants as but one device having the inherent capabilities to perform the desired functions. As pointed out in appellants’ brief:

If the execution be by a digital computer, there will be provided at the input of the computer the same signals appearing at the terminals at the left-hand side of Fig. 2. Instead of voltages, the magnitudes of which represent the needed quantities, the digital signal will comprise a series of spaced pulses in number and of polarity representing numbers in the binary system respectively equal to the magnitudes of the quantities.

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415 F.2d 1378, 56 C.C.P.A. 1360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/application-of-charles-d-prater-and-james-wei-ccpa-1968.