Comments for The Fire of Genius http://www.thefireofgenius.com Academic commentary about patent law, i.p. law, creativity, and more Mon, 12 May 2008 00:45:49 +0000 http://wordpress.org/?v=2.5 Comment on Patent Law Review Canon Bleg - 1960s by Michael Risch http://www.thefireofgenius.com/2008/04/20/patent-law-review-canon-bleg-1960s/#comment-148427 Michael Risch Sun, 20 Apr 2008 23:03:39 +0000 http://www.thefireofgenius.com/?p=363#comment-148427 Or just one :) Or just one :)

]]> Comment on Patent Law Review Canon Bleg - 1970s by Michael Risch http://www.thefireofgenius.com/2008/04/20/patent-law-review-canon-bleg-1970s/#comment-148424 Michael Risch Sun, 20 Apr 2008 22:57:13 +0000 http://www.thefireofgenius.com/?p=364#comment-148424 My vote is: Kitch, Edmund W, 1977. "The Nature and Function of the Patent System," My vote is:

Kitch, Edmund W, 1977. “The Nature and Function of the Patent System,”

]]> Comment on Patent Law Review Canon Bleg - 1960s by Michael Risch http://www.thefireofgenius.com/2008/04/20/patent-law-review-canon-bleg-1960s/#comment-148423 Michael Risch Sun, 20 Apr 2008 22:56:05 +0000 http://www.thefireofgenius.com/?p=363#comment-148423 Here are a couple options: Giles S. Rich, Principles of Patentability, 14 FED. CIR. B.J. 135, 144-146 (2004), reprinted from 42 J. PAT. OFF. SOC'Y 75 (1960) Here are a couple options:
Giles S. Rich, Principles of Patentability, 14 FED. CIR. B.J. 135, 144-146 (2004), reprinted from 42 J. PAT. OFF. SOC’Y 75 (1960)

]]> Comment on Some Nonobviousness History - Long-felt Need Cases by Joe http://www.thefireofgenius.com/2008/01/06/some-nonobviousness-history-long-felt-need-cases/#comment-146178 Joe Mon, 14 Apr 2008 15:28:39 +0000 http://www.thefireofgenius.com/2007/12/31/some-nonobviousness-history-long-felt-need-cases/#comment-146178 Matt P, Link is fixed. Best, Joe Matt P,
Link is fixed.
Best,
Joe

]]> Comment on An i.p. litigation database by Bala http://www.thefireofgenius.com/2006/07/19/an-ip-litigation-database/#comment-146106 Bala Mon, 14 Apr 2008 12:17:43 +0000 http://www.thefireofgenius.com/2006/07/19/an-ip-litigation-database/#comment-146106 Good to see this! But I am not sure if you are aware of a similar database that maxval offers. The alert email (with all details including the patents and products) are emailed to subscribers every weekday. Worth a try! Good to see this! But I am not sure if you are aware of a similar database that maxval offers.

The alert email (with all details including the patents and products) are emailed to subscribers every weekday.

Worth a try!

]]> Comment on Some Nonobviousness History - Long-felt Need Cases by Joe http://www.thefireofgenius.com/2008/01/06/some-nonobviousness-history-long-felt-need-cases/#comment-146056 Joe Mon, 14 Apr 2008 03:43:06 +0000 http://www.thefireofgenius.com/2007/12/31/some-nonobviousness-history-long-felt-need-cases/#comment-146056 Matt P, I will fix it tomorrow morning, when I'm at work and have access to the pdf. Thanks for the tip-off. Best, Joe Matt P,
I will fix it tomorrow morning, when I’m at work and have access to the pdf.
Thanks for the tip-off.
Best,
Joe

]]> Comment on Some Nonobviousness History - Long-felt Need Cases by Matt P http://www.thefireofgenius.com/2008/01/06/some-nonobviousness-history-long-felt-need-cases/#comment-146050 Matt P Mon, 14 Apr 2008 01:37:17 +0000 http://www.thefireofgenius.com/2007/12/31/some-nonobviousness-history-long-felt-need-cases/#comment-146050 Hi. The link to the .pdf seems to be broken. Could you please fix it or email it to me? Thanks. Hi. The link to the .pdf seems to be broken. Could you please fix it or email it to me? Thanks.

]]> Comment on Agrizapping Obviousness by MaxDrei http://www.thefireofgenius.com/2008/03/28/agrizapping-obviousness/#comment-142505 MaxDrei Tue, 01 Apr 2008 20:07:16 +0000 http://www.thefireofgenius.com/2008/03/28/agrizapping-obviousness/#comment-142505 Page 9 of the Moore decision. The prior art Gopher Zapper "discloses all of the limitations of the asserted claims in the 636 patent with one exception - it discloses a mechanical switch instead of a resistive switch to complete the circuit". One of the consequences of thinking in a "characterized by" EPO style is that it often exposes the weakness of fancy, flowery US-style claims. Re-arranging such a claim in c-i-t form, the characterizing feature turns out to be something like "and flexible" or "and low density" or some other such unpatentable indefinite uninventive tosh. At any rate, it doesn't arf focus the obviousness debate,from that point on. Page 9 of the Moore decision. The prior art Gopher Zapper “discloses all of the limitations of the asserted claims in the 636 patent with one exception - it discloses a mechanical switch instead of a resistive switch to complete the circuit”. One of the consequences of thinking in a “characterized by” EPO style is that it often exposes the weakness of fancy, flowery US-style claims. Re-arranging such a claim in c-i-t form, the characterizing feature turns out to be something like “and flexible” or “and low density” or some other such unpatentable indefinite uninventive tosh. At any rate, it doesn’t arf focus the obviousness debate,from that point on.

]]> Comment on Agrizapping Obviousness by MaxDrei http://www.thefireofgenius.com/2008/03/28/agrizapping-obviousness/#comment-142403 MaxDrei Tue, 01 Apr 2008 14:48:59 +0000 http://www.thefireofgenius.com/2008/03/28/agrizapping-obviousness/#comment-142403 Thanks Step. Some research, but not enough. Erez Gur also points out that the asserted claim has stuff in it about circuits. I was assuming that the prior art starting point (Agrizap's product on the market with the mechanical switch) had those things too. Didn't it? As to beer, my attitude proves your point really. I can't tell the difference, between Bud and Coors. Mind you, it might depend whether you mean Czech or American "Bud" (Only joking). Thanks Step. Some research, but not enough. Erez Gur also points out that the asserted claim has stuff in it about circuits. I was assuming that the prior art starting point (Agrizap’s product on the market with the mechanical switch) had those things too. Didn’t it? As to beer, my attitude proves your point really. I can’t tell the difference, between Bud and Coors. Mind you, it might depend whether you mean Czech or American “Bud” (Only joking).

]]> Comment on Agrizapping Obviousness by step back http://www.thefireofgenius.com/2008/03/28/agrizapping-obviousness/#comment-142343 step back Tue, 01 Apr 2008 11:51:37 +0000 http://www.thefireofgenius.com/2008/03/28/agrizapping-obviousness/#comment-142343 P.S. OK. I didn't see that Dennis (Patently-O) had finally posted on AgriZap. Haven't read all the comments there but do note that you (Max) went out and did real research. I hadn't gone that far off my daily path to actually study the cited prior art, the cattle prod, etc. Thanks. P.S.

OK. I didn’t see that Dennis (Patently-O) had finally posted on AgriZap. Haven’t read all the comments there but do note that you (Max) went out and did real research. I hadn’t gone that far off my daily path to actually study the cited prior art, the cattle prod, etc. Thanks.

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