Sometimes people think it ought to be obvious, bright-line-tests only, to determine what is truly transformative or novel. The divergence you're pondering, if t

Sometimes people think it ought to be obvious, bright-line-tests only, to determine what is truly transformative or novel. The divergence you're pondering, if taken real charitably, maybe signals that that is wrong and that it requires some domain expertise to be able to ascertain whether imitation is really problematic.