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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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You missed a bit | 335 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
You missed a bit
Authored by: Anonymous on Friday, July 13 2012 @ 09:17 AM EDT
"If two or more independent and distinct process inventions are claimed in
one application and the invented process steps for each invention are not
clearly separated such that it 'enables any person skilled in the art to which
it pertains, or with which it is most nearly connected, to make and use the
same' then it is impossible to see each invention as a whole in order to find
out whether each contains an inventive concept (see, Flook). Further, claims of
infringement are impossible if it is not possible to identify which steps
comprise the individual process invention as a whole."

I'm not sure what your point is.

Isn't it your position, and that of your compatriots, that all software is
obvious?

If so, then clearly from just the claims themselves "any person skilled in
the art to which it pertains, or with which it is most nearly connected, to make
and use the same".

Which is it? Are you complaining that software is obvious and therefore not
patentable or are you complaining that software is so complicated everything has
to be spelled out in minute detail before a programmer can understand how to
write the code?

[ Reply to This | Parent | # ]

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