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Re: CaptBeer post# 305743

Saturday, 10/17/2020 4:08:49 AM

Saturday, October 17, 2020 4:08:49 AM

Post# of 424150
Latest Amicus.... this sets out precisely why the FC should have an en banc ... because patent law is now unclear and uncertain - is it all four Graham factors or is it prima facile then consider the fourth factor to rebut obviousness and that shifts the burden and allows hindsight ?

Patent developers need certainty cost of invention is huge risk must be predictable as to patent protection

It is a shambles that DC and FC cases do not operate under one method of consideration but under two - no one knows which way the wind will blow

This is a very compelling and persuasive Amicus to an en banc hearing .. but also opens up a route if needs be to Scotus - the FC if they fail to address this conflict in effect invite the SC to resolve the mess the F C have allowed to develop
Alm
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