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Author Topic: Is this Possible?  (Read 1355 times)
TataBox
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« on: 08-22-08 at 02:26 pm »

I have a novel and non-obvious system, at least I think.  The system includes components that by themselves are not novel.  The software that goes with the system is not novel, but both together, are.

Is it possible to use computer-readable medium claims in such a case? 

Do you need more detail?

Regards,

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JimIvey
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« Reply #1 on: 08-22-08 at 04:23 pm »

This is a bit challenging to grok without more information.  But, my initial guess is that, no, you can't get away with computer-readable medium claims.

Of course, you can always use them, but I don't think they'll be novel.  If the software is not novel, then it would seem that the software stored on a computer-readable medium, without more is not novel.

As I understand your question, the components of the system are known and the software in a different context is known, yet the system combined with the software is novel.  Is the system novel without the software?  In other words, is the combination of the known components, without more, novel?

If so, I would imagine the software would have to be adapted in some way to serve its purpose in the novel system.  Then, the software itself would be novel and medium claims would be appropriate.

Perhaps you're think of something like installing media player software in a computerized car like the Aptera.  To the extent that works without modification of the media player software, I think it fits the hypothetical facts as I understand them.

Consider synchronization logic in the Aptera that detects availability of a known wireless network and immediately begins to synchronize data stored in the carputer.  If that's known in other contexts, it could be challenging to assert that including the same software without modification in a carputer rather than a PDA, portable media player, etc. is non-obvious.  On the other hand, if the synchronization software only attempts to look for known wifi networks when the car has been parked, the software is no longer non-novel -- it interfaces with some sensor(s) that detect(s) parking of the car.

Regards.
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James D. Ivey
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TataBox
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« Reply #2 on: 08-22-08 at 04:43 pm »

You are right on target.  Neither alone are sufficient for patentability. I was thinking some kind of inferential claiming scenario would lend weight to patentabilitywithin the CRM claims, but I think not.


Thanks,
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