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- I doubt that
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" it's been driving PTO crazy."
I doubt that, it takes some twisting of logic to convert
X > (Y +- delta) into !(X+delta <= Y)
Where delta is the subjectivity inherent in the 'novel' and 'not obvious' conditions. X is how new and novel the invention is and Y is the threshold for issuing the patent.
I've argued this with several pro-patent people and the case law simply doesn't support that distortion. It could only ever be true where delta is zero, and you can absolutely perfectly determine prior art and so how new and novel something is!
X > (Y +- 0) is equal to !(X+0 <= Y)
It's just gets plain stupid when delta is huge and you have no hope in hell of determining prior art accurately.
So I doubt that the patent office is somehow an innocent party trying to 'safeguard' anything but their own income. - Posted by: Nigel Johnstone Posted on: 09/13/05 You are currently: a Guest | Members login | Terms of Use
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