The situation with AMBE and patents may be better (for us) than I
thought - or said in my recent paper. This language from USPTO's manual
of patent examining procedure has been pointed out to me.
John Ackermann isn't a patent attorney and isn't the right person to
pursue this issue. We can try to find a ham who would handle the
question pro-bono, or perhaps I'll have to hire one.
Thanks
Bruce
http://www.uspto.gov/web/offices/pac/mpep/s2133.html
2. Even If the Invention Is Hidden, Inventor Who Puts
Machine or Article Embodying the Invention in Public View Is
Barred from Obtaining a Patent as the Invention Is in Public Use
When the inventor or someone connected to the inventor puts the
invention on display or sells it, there is a "public use" within the
meaning of *pre-AIA 35 U.S.C. 102(b)
<http://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#d0e302383>*
even though by its very nature an invention is completely hidden
from view as part of a larger machine or article, if the invention
is otherwise used in its natural and intended way and the larger
machine or article is accessible to the public. /In re Blaisdell,/
242 F.2d 779, 783, 113 USPQ 289, 292 (CCPA 1957); /Hall//v.
Macneale, /107 U.S. 90, 96-97 (1882); /Ex parte//Kuklo,/ 25 USPQ2d
1387, 1390 (Bd. Pat. App. & Inter. 1992) (Display of equipment
including the structural features of the claimed invention to
visitors of laboratory is public use even though public did not see
inner workings of device. The person to whom the invention is
publicly disclosed need not understand the significance and
technical complexities of the invention.)
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