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January 12, 2011



The ACLU may have convinced Judge Sweet to accept this hogwash. But with exception of Judge Dyk, the Federal Circuit won't accept it.

A work of art. Simply a work of art. My hat is off to the attorney arguing the case.

If cases on appeal regarding 101 had similar representation we could have avoided some of the recent missteps taken by the Fed.

From page 8 of the ACLU Brief:

"This case is not about genetic engineering, new drugs, or new methods of sequencing. It's about the validity of certain patent claims on human genes."

Once again, the ACLU mischaracterizes what Myriad has claimed, which is the "isolated" genes. With possibly the exception of Judge Dyk, the Federal Circuit will not be amused by this mischaracterization.

So an isolated human gene is no longer a human gene? Does it magically become an ape gene? Or perhaps a spider gene?

What are you getting at EG?


Once more, like Kevin has already told you, YOU DON'T KNOW BIOTECHNOLOGY.

That's why I asked whether or not an isolated gene magically becomes an ape gene or a spider gene.

But since you don't want to help me out on a rather simple issue then I suppose that'll just have to be that.

And lets be clear EG, you (and Kev et al. too perhaps?) are both playing off a matter of semantics in arguing that the gene is no longer a human gene. The fact is that there are specific concerns here, and it is "fair to say" what the ACLU said, and "fair to say" what you want to say. But the fact that it is fair to say what you'd like to does not negate it being fair for them to say what they did.

Oh and btw, this isn't all as complicated as you want to make it out to be, I read, and remember Kev's presentation and understand exactly where both sides are coming from.

Examiner 6 posted that his office is just down the hall from SPE Georgia Epps of AU 2878. Somebody please post a list of all of the junior examiners on that hall so that we can identify Examiner 6. It shouldn't be too hard to recognize his terrible writing.

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