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December 17, 2017


Is this an aberration, and will this proceed to the CAFC (where yet another anti-patent decision most likely awaits)?

It will almost certainly go to a panel including Judge Reyna who will write the opinion.

The opinion will note that the claimed method starts with mammary fluid which is a product of nature and ends with human protein, fat and carbohydrate which are also products of nature, so that there is nothing patent eligible in the claim.

Those who think that this is an acceptable form of logic are invited to view the hilarious and instructive scene in Walt Disney's Jungle Book between Shere Kahn the tiger and Kaa the snake https://www.youtube.com/watch?v=YXjviLBYrS8

I should have added the key words from that clip: "How about the middle?"

Mr. Cole,

Your post(s) remind me of encryption(decryption).

Start and end with the exact same thing - but it is the middle that enables a whole slew of practices that otherwise would not happen.

@ Skeptical

Many thanks for your insightful and interesting comment which is absolutely on point - and happy Christmas!

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