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Authored by: PolR on Thursday, March 14 2013 @ 08:07 PM EDT |
No.
The Diehr claim is referring to a computerized process for curing rubber. An
equation was used to compute the time required to cure rubber based on a
measurement of the temperature in the mold. The bits have meanings. They
referred to the temperature of rubber and the time needed for curing it.
The bits have simultaneously two types of meanings. The interpretants are the
thought a human being reading the number would have of the rubber temperature
and the time of curing. The referents are the actual temperature and the act of
curing for the prescribed time.
If a claim doesn't actually cure the rubber, the bits only refer to the
referents. The meaning as used in the claim is just the thoughts in the human
mind when the programmer wrote the code.
But if the claim actually cures the rubber the referent is part of the
invention. This is the distinction we want to make.
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