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« Court Report | Main | EPO Search Fees Set to Decrease on April 1, 2010 »

March 28, 2010

Comments

Is this case interesting for what it does not address - patentability under section 101? I suppose the Patent Office would not have raised the issue, and so the court did not address it.

Probably not a good idea for the court to raise the issue sua sponte. But this claim looks closer to the claim in Classen (which failed the Bilski test) than the claim in Prometheus (which did not)

I suppose the Patent Office would not have raised the issue, and so the court did not address it.

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