Patently-O: The BPAI and the Machine or Transformation test of Bilski
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Started by: zoobabzoobab
Date: 31 Jan 2009 11:18
Number of posts: 1
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Summary:
In three recent cases, the BPAI has continued its trend of applying the Federal Circuit's en banc Bilski decision to reject software-style method claims as lacking patentable subject matter. The BPAI is not asserting that software is unpatentable -- the Board is simply failing to find ties to a particular machine; transformation of a physical object; or transformation of articles "representative of physical objects." In two of the cases, the BPAI applied its power to issue new grounds of rejection -- raising the Section 101 issue sua sponte.
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