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In PDF format in two parts. This is one of few EM blogs with up-to-date research discussions. Does anyone who works two blocks away from Madison Place or any federal courthouse believe this is possible without serial violations of due process of law? Mathis technical expertise and experience is far-ranging.
For example, Mr. Read more. There are currently 58 Comments comments. Join the discussion. While Congress twiddles their fingers and stare at their office walls, American innovation continues to sink.
Justice Thomas never gave the lower courts license to ignore the holding of Alice Corp… where… the business method at issue had been disclosed as far back as This is wishful thinking. It has steadfastly denied cert.
The cossacks work for the Czar. Ignorance is bliss…, as Model says. But it is sometimes useful to start addressing a subject with a blank slate. It may allow you to do inventions you would otherwise not do.
Established knowledge tends to channel thinking. But… Ignorance never works in understanding an established subject matter. Many of us in patent prosecution on behalf of an inventor have been there.
It is well known that almost nobody, no, make that nobody, goes into a matter with a blank mind. There is always some un-articulated opinion about a technology. Being good, bad, stupid, brilliant, undeserving. While often legal minds are accused of being biased against an invention, especially engineers are known to have very negative opinions about inventions made by others.
Listening again after this article to the oral arguments in Benson, I remain being struck by some of the good and pertinent questions by Burger, Rehnquist and White. It is attorney Stone who argues for the USPTO, who is either extremely ignorant about computers, or he is lying through his teeth. Facts: Computers are not mathematical machines. They are switching machines. Computers in were used for other application than calculations.
Computers have not always handled binary representations. Early computers were decimal computers or even bi-quinary. BCD to Binary conversion was done from most significant digit backward and not as claimed by Benson.
Application software establishes different instructions or at least differently ordered selected from a very basic instruction set. The basic instruction set of a computer is different from an application. The arguments by Benson attorney Cox are technical, knowledgeable and largely correct, but rather timid. It seems the Court already had some prejudice against computer implemented inventions , as confirmed by NightWriter in a late comment to the first article.
Though the Justices ask some pertinent questions, they basically see their prejudices confirmed by forceful arguments of Stone and were not swayed by the subdued technical arguments of Cox. Some of the prejudices against computers as expressed and confirmed in Benson live on today.
Seeing a Professor, former Examiner and science educated Commenter on this blog compare a computer still to a pianola or player piano is extremely discouraging. Many people believe that computer implemented inventions are undeserving of a patent.
They just know they do. They see it confirmed in Benson, Flook, Alice, etc. This prejudice is not science or technology based. Merely that the courts have weaponized ignorance. And that is the complaint I have: Judges do not have the guts to write what is really going on because it would be obvious how out of control the courts have become.
Just come out and write it judges: We will not give a patent to any computer assisted invention even if it cured cancer, solved world hunger, prevented all wars and stopped judges from legislating from the bench. I have no problem if Congress codified the same, but acting like there is rule of law is just plain wrong. Just write it and codified it for all to see.
In an exchange between myself and Night Writer I had explicated at least three ways that the Supreme Court has flouted the Constitution in its re-writing of the statutory patent laws. As it turns out as well, my discussion with Night Writer also failed to have Night Writer acknowledge the points that I presented except in a clumsy half-hearted manner.
See, MPEP That said — Praxair was a case but the defendant should have gone after the claims under given the Mayo-esque quality of the claims at issue. It would help to start listing the particular fields in which we see D-K playing out in full colors.
We send our best and brightest youths for post-doctoral training in bio-science for many many years. If it were that easy to understand and simple in nature, then why waste all that money and time? The mammalian immune system does not lend itself to such simplification. Neither does mob behavior in the face of a lethal and highly transmissible disease. There are too many know-nothing know-it-alls busting up the china shop in just this field alone. Heaven help us. Great article as usual, Bud.
An interesting point in my prosecution, and well emphasized by B, there is evidence submitted into the Official Record from every possible end user revealing no one uses my claims individually or in combination. How many patent applications have that level of evidence, every possible end user? Plus there is evidence from the Administering Agency and two universities. Will the CAFC punt with a Rule 36, therefore, silently acknowledging that evidence really does not matter at all.
Whether it be lack thereof in support of a decision or overwhelming evidence that can be discarded if not supporting a desired outcome? The good Professor did state on the other thread that evidence matters. Even with a disagreement on what the court holdings meant, evidence matters.
And the good Professor said my application would be approved. I thought I posted earlier this morning, but I do not see it on the Comments, so I will try again. Insightful and well written article. I think Electric Power Group v. Alstom further aggravated this effect. What about DDR? I think there are cases that have survived review.
Otherwise thanks for the excellent analysis. Just FYI, Ivermectin has been used with success overseas. See, e. A full tube 1. Bud, I can attest that after having worked at the same crazy firm with you many years ago that you are not delusional! Viruses that are hosted in the human body naturally mutate due to transcription errors.
The corana alpha virus and its many mutations are just a subclass of corona viruses including the common colds. If Ivermectin were truly such a wonder drug for treating corona viruses even the common cold , surely we would have heard about this medical miracle long ago. Snake oil salesmen are not a novel and nonobvious phenomenon in this or any other country.
Yes they are persuasive. But persuasion is not proof of scientific reality. The D-K sufferers among us are easily persuaded. Step back absolutely misses the point on ivermectin — and shows a lack of understanding of his own Mount Stupid:. That said, you have doubts. Why exactly? Twitter and FB are super-spreaders of the D-K effect. According to Weber, this is where the mutations that are now widespread arose and where the percentage of people vaccinated was very low. Even the CDC has recommended use of it It was recommended for treating refugees from where loiasis is prevalent.
The particular article referenced was a trial in India. However, it is important to note that there are guidelines as to how a study should be properly conducted.
These include inclusion criteria, randomization of treatments, sub-group analysis, sample size among others. He just shakes his head at this kind of stuff. Viral loads and transmissibility are not one and the same. But studies also suggest that vaccinated people are less likely to spread the virus if they subsequently catch Delta: their levels of nasal virus drop faster than do those of unvaccinated infected people, and their nasal swabs contain smaller amounts of infectious virus3.
Rather, I want to go to the original source and make up my own mind. Tune into some Joe Rogan I would rather have someone gouge out my eyes with a rusty spoon. Both have agendas but at least Max Drei knows somewhat about what he speaks. Rogan is standing somewhere near the peak of Mount Stupid. Getting back to ivermectin, who knows, maybe it does help. However, good, peer-viewed data has not shown that.
In most instances it involves two shots taken either 3 or 4 weeks apart. Thank you for your contribution on the issue, and of your even-tempered discussion on the issue. The same goes for Africa. Also, you have two geographic regions generally very warm in which substantial portions of the population that spend a lot of time outside.
There is considerable historical precedent in the US and elsewhere for that matter for government officials to take very aggressive measures to curb the spread of an infectious disease. However, there is a difference between quashing opinions BTW, they do have a right to do that since they are not government entities and consequently the 1st amendment does not apply and quashing inaccurate facts. People have such divergent opinions on these issues because they are living in alternate realities while working with an entirely different set of facts.
Rather, I want to find the source material and interpret the facts for myself. However, IMHO, one side has been more cavalier about it recently. Locate messages, people, and documents. Backed by enterprise-grade security Outlook works around the clock to help protect your privacy and keep your inbox free of clutter. Protection delivered by the same tools Microsoft uses for business customers. Data encryption in your mailbox and after email is sent.
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