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October 30, 2016


"there is a difference between merely automating a known manual process and automating a process that is not known to have been previously performed manually."

Of course there's a difference: the former is obvious and the latter might be obvious.

But that "analysis" avoids he issue which is what to do with "automating" information processing steps that are ineligible on their own terms. A new "process" of calculating some number is ineligible whether you do it in your head, or whether you do it on a pencil and paper, or whether you do it with a calculator.

Does the CAFC wish for us to believe that everything changes if you do it "automatically" on a programmable computer? That's absurd. And that's why McRo is a dead letter.

What does "ineligible on their own terms" mean?

Are you taking a parsing to the claims, and attempting to apply eligibility on a claim element by claim element basis?

"What does "ineligible on their own terms" mean?"

Exactly what it says. But pretend that it's weally weally compwicated!

"Are you ...attempting to apply eligibility on a claim element by claim element basis?"

As if there's any other way to determine whether a claim element is ineligible on its own terms.

Your reply is not an answer, Malcolm-by-another-name.

On what words of Congress are you attempting to apply eligibility on a claim element basis?

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