Decisions (SG, Scalia,etc) may turn on biases toward patent protection rather than interpretation heuristics.
Given the nature of this administration the SG is more likely to support the broad interpretation of the safe harbor (or should we call it a safe ocean?).
It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes