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February 04, 2009


Can this patent pass the In Re Bilski test?

I second Martin's question. How does the assay physically transform the sample - does it result in the nucleotide sequence folding in a particular way?

According to an informed source who peruses the USPTO Gazette every week, there are still many patents being granted with claims that don't pass muster under Bilski. Presumably these had already been allowed or the issue fee paid before Bilski was handed down.

Of course, it for the sake of claims like this one that I'm hoping the decision in Bilski gets deeped-sixed down the road.

Looks like this application was allowed BEFORE Bilski. There is no 101 rejection in the last office action in early 2008.

Dear Martin, Dan and Mike:

For what it's worth (since there is no clear answer), we posted a discussion of this issue today.

Thanks for the comments.

I think Bilski would invalidate this claim now.

The comments to this entry are closed.

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