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> it was about novelty - the natural DNA in your cells was, in the judge's view Except that the judge said that it wasn't. The judge said that they can't pate
by anamax 17y ago
> it was about novelty - the natural DNA in your cells was, in the judge's view
Except that the judge said that it wasn't. The judge said that they can't patent discovering a gene - they can only patent doing something new with or to said gene.
That's why the applicants wrote the claim the way that they did - they claimed suppression of said gene to accomplish something. The problem with that claim is that they didn't invent a means of suppression. They assumed one, hence they didn't actually have an invention, which is what the judge actually wrote.