On Nov 17, 2009, at 12:55 PM, Snyder, Mark - IdM (IS) wrote:
Tom, you should have looked at this a bit further. The M$ patent is
more for a graphical interface used in the M$ utility to adjust user
privileges; similar to UNIX's sudo - but M$ cannot patent sudo. Your
source is crummy. This was settled on better tech sites yesterday.
If you read to the end of the link I provided you would have read...
"the US Supreme Court wrote in the decision in KSR Int'l Co. v.
Teleflex Inc.: We build and create by bringing to the tangible and
palpable reality around us new works based on instinct, simple logic,
ordinary inferences, extraordinary ideas, and sometimes even genius.
These advances, once part of our shared knowledge, define a new
threshold from which innovation starts once more. And as progress
beginning from higher levels of achievement is expected in the normal
course, the results of ordinary innovation are not the subject of
exclusive rights under the patent laws. Were it otherwise patents
might stifle, rather than promote, the progress of useful arts. See U.
S. Const., Art. I, §8, cl. 8. These premises led to the bar on patents
claiming obvious subject matter established in Hotchkiss and codified
in §103. Application of the bar must not be confined within a test or
formulation too constrained to serve its purpose."
That's the problem.
To repeat "These premises led to the bar on patents claiming obvious
subject matter..."
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