Patently-O: Gardner: Patent Bar Should Use Its High Priced Skills to Overcome Bilski et al.
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Started by: zoobabzoobab
Date: 05 Nov 2008 10:49
Number of posts: 1
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Summary:
In my last post on Bilski, I added my Comiskey 'fear factor' to Paul Gardner's analysis of post-Bilski claim strategies. In response, Mr. Gardner first notes that the Comiskey language I quoted is "dicta, supported only by arguably inapposite precedent, and presumably uninformed by any discourse in the briefing." Beyond that, however, Gardner explains that the Patent Bar should stand-up and explain to the PTO and courts that "the application of novel and nonobvious software to otherwise computer hardware is neither 'routine' nor 'typical.'"
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