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Re: scottmins post# 195704

Monday, 11/09/2009 6:00:00 AM

Monday, November 09, 2009 6:00:00 AM

Post# of 326400
From everything I have read, I am not concerned about the impact of the Supreme Court's decision, one way or other, in the Bilski case. Please note that the case involves an apeal by two inventors against the USPTO's decison NOT to give them a patent. The same USPTO that awarded Neom its patents. So apparently Neom's patent applications met the USPTO's test for patentability, but the USPTO decided that Bilski's application did not meet that test.

At this point, I just don't see how any of the probable outcomes could negatively affect Neom's patents. As I see it, the Supreme Court will either validate the USPTO's "machine or transformation" test (which Neom's patent applications already passed), or it wil rule that the test is too narrow (which would not affect Neom's patents) but which could be a win for Bilski.




Any legal analysis I post is not a formal legal opinion and may not be relied on by anyone for any purpose. If you want legal advice you can rely on, hire a lawyer.