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	<title>Comments on: A Bird&#8217;s Eye View of the Bilski Oral Argument</title>
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	<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/</link>
	<description>Patents, Software Patents, Patent Applications &#38; Patent Law</description>
	<lastBuildDate>Thu, 09 Feb 2012 02:54:32 +0000</lastBuildDate>
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		<title>By: The Wait Continues: Another Day Without a Bilski Decision &#124; IPWatchdog.com &#124; Patents &#38; Patent Law</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-13013</link>
		<dc:creator>The Wait Continues: Another Day Without a Bilski Decision &#124; IPWatchdog.com &#124; Patents &#38; Patent Law</dc:creator>
		<pubDate>Mon, 24 May 2010 15:16:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-13013</guid>
		<description>[...] subject matter and whether the Supreme Court will cut off at the knees developing technologies. See A Bird&#8217;s Eye View of the Bilski Oral Argument and Bilski Arguments Complete at the US Supreme [...]</description>
		<content:encoded><![CDATA[<p>[...] subject matter and whether the Supreme Court will cut off at the knees developing technologies. See A Bird&#8217;s Eye View of the Bilski Oral Argument and Bilski Arguments Complete at the US Supreme [...]</p>
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		<title>By: Another Day Without Bilski Decision, What Does it Mean? &#124; IPWatchdog.com &#124; Patents &#38; Patent Law</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-12911</link>
		<dc:creator>Another Day Without Bilski Decision, What Does it Mean? &#124; IPWatchdog.com &#124; Patents &#38; Patent Law</dc:creator>
		<pubDate>Mon, 17 May 2010 15:12:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-12911</guid>
		<description>[...] in the Bilski case on November 9, 2009 (See Bilski Arguments Complete at the US Supreme Court and A Birds Eye View of the Bilski Oral Argument) and that means we have now been waiting 6 months and 8 days for a decision, and the wait [...]</description>
		<content:encoded><![CDATA[<p>[...] in the Bilski case on November 9, 2009 (See Bilski Arguments Complete at the US Supreme Court and A Birds Eye View of the Bilski Oral Argument) and that means we have now been waiting 6 months and 8 days for a decision, and the wait [...]</p>
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		<title>By: Dale B. Halling</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-9298</link>
		<dc:creator>Dale B. Halling</dc:creator>
		<pubDate>Sun, 15 Nov 2009 17:55:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-9298</guid>
		<description>Just Visiting, 
 Actually all patents are combinations of existing elements and connections (conservation of matter and energy).  If you attempt to put a new element that is completely new into a claims, lets call it novel x, then the patent office will give you a 112 rejection.  The appropriate rejection would be a 112 paragraph 1 rejection for failing to describe your invention so that one skilled in the art could practice the invention and 112 paragaph 2 rejection for any claim with novel x in the claims, because you failed to provide a claim that definite.  

Adam either does not understand how a computer works or he does not understand that inventions are combinations of elements and connection.  Connections matter as my NAND and NOR example shows, but another example is stereoisomers.  Stereoismers have exactly the same elements and almost the same connections (symmetrical connections), but if you are using a stereoisomer for its optical properties or its pharmacological properties if makes a profound difference if you have the left handed or right handed version.  Things that appear similar to those not skilled in the art, such as Justice Steven and Adam, can be profoundly different and clearly deserving a patent. 
.</description>
		<content:encoded><![CDATA[<p>Just Visiting,<br />
 Actually all patents are combinations of existing elements and connections (conservation of matter and energy).  If you attempt to put a new element that is completely new into a claims, lets call it novel x, then the patent office will give you a 112 rejection.  The appropriate rejection would be a 112 paragraph 1 rejection for failing to describe your invention so that one skilled in the art could practice the invention and 112 paragaph 2 rejection for any claim with novel x in the claims, because you failed to provide a claim that definite.  </p>
<p>Adam either does not understand how a computer works or he does not understand that inventions are combinations of elements and connection.  Connections matter as my NAND and NOR example shows, but another example is stereoisomers.  Stereoismers have exactly the same elements and almost the same connections (symmetrical connections), but if you are using a stereoisomer for its optical properties or its pharmacological properties if makes a profound difference if you have the left handed or right handed version.  Things that appear similar to those not skilled in the art, such as Justice Steven and Adam, can be profoundly different and clearly deserving a patent.<br />
.</p>
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		<title>By: Just visiting</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-9297</link>
		<dc:creator>Just visiting</dc:creator>
		<pubDate>Sun, 15 Nov 2009 14:56:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-9297</guid>
		<description>A computer can be analogized to a bucket full of Legos (or perhaps an erector set).  Pour the bucket on the ground and what utility do you have?  Nothing.

However, rearrange what Legos connect to each other, and you can create a functional device.

Software is what transforms the computer (i.e., the bucket full of Legos) into a functional device.

As well-known observation is that &quot;virtually all [inventions] are combinations of old elements.&quot;  In re Rouffet, 149 F.3d 1350, 47 USPQ2d 1453 (Fed. Cir. 1998).  The difference between what is old and what is new is how the items are combined.  A computer program simply changes how the switches in a processor connect to each other.</description>
		<content:encoded><![CDATA[<p>A computer can be analogized to a bucket full of Legos (or perhaps an erector set).  Pour the bucket on the ground and what utility do you have?  Nothing.</p>
<p>However, rearrange what Legos connect to each other, and you can create a functional device.</p>
<p>Software is what transforms the computer (i.e., the bucket full of Legos) into a functional device.</p>
<p>As well-known observation is that &#8220;virtually all [inventions] are combinations of old elements.&#8221;  In re Rouffet, 149 F.3d 1350, 47 USPQ2d 1453 (Fed. Cir. 1998).  The difference between what is old and what is new is how the items are combined.  A computer program simply changes how the switches in a processor connect to each other.</p>
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	<item>
		<title>By: breadcrumbs</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-9296</link>
		<dc:creator>breadcrumbs</dc:creator>
		<pubDate>Sun, 15 Nov 2009 13:08:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-9296</guid>
		<description>Isn&#039;t what matters here is the legal definition rather than the technical definition?

...a foot in each world.</description>
		<content:encoded><![CDATA[<p>Isn&#8217;t what matters here is the legal definition rather than the technical definition?</p>
<p>&#8230;a foot in each world.</p>
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		<title>By: David Koepsell</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-9294</link>
		<dc:creator>David Koepsell</dc:creator>
		<pubDate>Sun, 15 Nov 2009 06:59:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-9294</guid>
		<description>I actually completely agree with Dale and Gene that software is just as patent-eligible as hardware, and my first book &lt;i&gt;&lt;a href=&quot;http://www.amazon.com/Ontology-Cyberspace-Philosophy-Intellectual-Property/dp/0812695372/ref=sr_1_2?ie=UTF8&amp;s=books&amp;qid=1258267971&amp;sr=1-2&quot; target=&quot;_blank&quot; rel=&quot;nofollow&quot;&gt;The Ontology of Cyberspace: Law, Philosophy, and the Future of Intellectual Property&lt;/i&gt;&lt;/a&gt; makes this point... there is no ontological distinction among utilitarian objects.  Unfortunately, I am sure Dale and Gene will disagree with my conclusions about what this means for patent and copyright law in general, but at least there&#039;s a bit of commonality here.</description>
		<content:encoded><![CDATA[<p>I actually completely agree with Dale and Gene that software is just as patent-eligible as hardware, and my first book <i><a href="http://www.amazon.com/Ontology-Cyberspace-Philosophy-Intellectual-Property/dp/0812695372/ref=sr_1_2?ie=UTF8&#038;s=books&#038;qid=1258267971&#038;sr=1-2" target="_blank" rel="nofollow">The Ontology of Cyberspace: Law, Philosophy, and the Future of Intellectual Property</a></i> makes this point&#8230; there is no ontological distinction among utilitarian objects.  Unfortunately, I am sure Dale and Gene will disagree with my conclusions about what this means for patent and copyright law in general, but at least there&#8217;s a bit of commonality here.</p>
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		<title>By: Adam</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-9289</link>
		<dc:creator>Adam</dc:creator>
		<pubDate>Sat, 14 Nov 2009 21:10:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-9289</guid>
		<description>&quot;A NAND gate and a NOR gate are different machine – period.&quot;

You know as well as I do that software neither removes transistors from nor adds transistors to a computer, so I&#039;m not sure why you even brought it up.  Software merely changes which transistors the electricity flows through, like flipping a light switch.  If you think flipping a light switch on your car makes it into a new machine, then we&#039;re operating under such drastically different definitions of the word new that it will be very difficult for us to communicate.</description>
		<content:encoded><![CDATA[<p>&#8220;A NAND gate and a NOR gate are different machine – period.&#8221;</p>
<p>You know as well as I do that software neither removes transistors from nor adds transistors to a computer, so I&#8217;m not sure why you even brought it up.  Software merely changes which transistors the electricity flows through, like flipping a light switch.  If you think flipping a light switch on your car makes it into a new machine, then we&#8217;re operating under such drastically different definitions of the word new that it will be very difficult for us to communicate.</p>
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		<title>By: Dale B. Halling</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-9287</link>
		<dc:creator>Dale B. Halling</dc:creator>
		<pubDate>Fri, 13 Nov 2009 22:45:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-9287</guid>
		<description>Adam,

Sure the form matters - do you actually read what you write.  You are so wedded to your point of view you are unable to be rational about the subject.  A NAND gate and a NOR gate are different machine - period.  It does not matter whether this is done in hardware or software.</description>
		<content:encoded><![CDATA[<p>Adam,</p>
<p>Sure the form matters &#8211; do you actually read what you write.  You are so wedded to your point of view you are unable to be rational about the subject.  A NAND gate and a NOR gate are different machine &#8211; period.  It does not matter whether this is done in hardware or software.</p>
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		<title>By: Adam</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-9286</link>
		<dc:creator>Adam</dc:creator>
		<pubDate>Fri, 13 Nov 2009 22:15:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-9286</guid>
		<description>&quot;If I rearrange the transistors in an NOR gate and make them an NAND gate is that a different machine?&quot;

I suppose that depends partly on what mechanism you use to rearrange them.  Consider if the designer of the circuit included a button that would use physical arms to rearrange the transistors when you press the button.  Then I don&#039;t think you&#039;ve created a new machine by pressing the button and reconfiguring as the designer intended, since that was always how the machine was supposed to work.  However, if the circuit was intended to stay the same and you had to pull off the transistors and resolder them, you could probably convince me that you&#039;ve created a new machine.

I&#039;d say it&#039;s kind of like the wiring in a house.  If you flip a light switch, you&#039;ve closed a circuit and created new functionality in the light bulb (emitting light), but you haven&#039;t created a &quot;new machine.&quot;  Conversely, if you have to rip out the drywall and lay new cable to the lightbulb, then you probably have created a &quot;new machine.&quot;</description>
		<content:encoded><![CDATA[<p>&#8220;If I rearrange the transistors in an NOR gate and make them an NAND gate is that a different machine?&#8221;</p>
<p>I suppose that depends partly on what mechanism you use to rearrange them.  Consider if the designer of the circuit included a button that would use physical arms to rearrange the transistors when you press the button.  Then I don&#8217;t think you&#8217;ve created a new machine by pressing the button and reconfiguring as the designer intended, since that was always how the machine was supposed to work.  However, if the circuit was intended to stay the same and you had to pull off the transistors and resolder them, you could probably convince me that you&#8217;ve created a new machine.</p>
<p>I&#8217;d say it&#8217;s kind of like the wiring in a house.  If you flip a light switch, you&#8217;ve closed a circuit and created new functionality in the light bulb (emitting light), but you haven&#8217;t created a &#8220;new machine.&#8221;  Conversely, if you have to rip out the drywall and lay new cable to the lightbulb, then you probably have created a &#8220;new machine.&#8221;</p>
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		<title>By: TinkererJoe</title>
		<link>http://www.ipwatchdog.com/2009/11/10/a-birds-eye-view-of-the-bilski-oral-argument/id=7240/#comment-9280</link>
		<dc:creator>TinkererJoe</dc:creator>
		<pubDate>Fri, 13 Nov 2009 17:12:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=7240#comment-9280</guid>
		<description>I think a business method is only patentable when:

1) the method/process is novel and not abstract (where to draw the line?),
2) or the physical machine with novel/enhanced attributes within context of the machine(if it&#039;s a printer, how does it do printing better. if it&#039;s a computer, how does it load/execute instructions faster).
3) or the act of deploying a known method to a known machine is non-obvious

The bilski patent can only be considered under 3).</description>
		<content:encoded><![CDATA[<p>I think a business method is only patentable when:</p>
<p>1) the method/process is novel and not abstract (where to draw the line?),<br />
2) or the physical machine with novel/enhanced attributes within context of the machine(if it&#8217;s a printer, how does it do printing better. if it&#8217;s a computer, how does it load/execute instructions faster).<br />
3) or the act of deploying a known method to a known machine is non-obvious</p>
<p>The bilski patent can only be considered under 3).</p>
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