Another new USPTO test

Following the news that the USPTO has issued interim guidance to its examiners regarding the Bilski "Machine-or-Transformation" test (see here), the IPKat can now exclusively reveal that the USPTO have just issued further instructions to all examiners. The instructions take the form of another flowchart, reproduced below (click on the chart for a larger view).

The IPKat thinks that there might be a slight flaw in the guidance, but can't quite work out what it is. Perhaps it has something to do with cats not taking baths.

Merpel thinks that the metaphor might have been stretched beyond breaking point.
Another new USPTO test Another new USPTO test Reviewed by David on Thursday, August 27, 2009 Rating: 5

1 comment:

  1. I'm not sure whether this remark will survive the test for obviousness, but the YAY and the NAY should be inversed in the first question.

    ReplyDelete

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