ALL claims, meaning absolutely all claims “are” abstract.
They are merely words scrivenered on parchment (e.g., in the English language) to represent the concept of a corresponding invention.
This is not a pipe. Get it? If not, link to the following or similar explanations of the existentialist concept:
https://en.wikipedia.org/wiki/The_Treachery_of_Images
What is important to understand is that Judge Hughes (of Visual Memory v. Nvidia) possesses a rare and magical field direction indicating compass.
Instead of the usual N, E, S, W markers found on a normal compass, his magical compass denotes the major circle points as A, A, A and A; where “A” means Abstract. A select few angular micro-strokes on the circle get the NA notation, meaning Not Abstract. Only judge Hughes and those secretly sworn into his power group know where those are. They know them when they see them.
Whenever confronted with the words of a claim, the good Judge pulls out his magical mystical compass, rides it above the words and its needle quickly and without belaboring itself too much aligns with the hidden field forces of the words and tells the Judge what those words are “directed to”.
Yes, of course it’s almost always “A”. But that is not the fault of the good Judge. It is the reality of the universe as reflected by the angle markings on his pocket compass.
No point swearing to the G-d you worship. It is as He hath willed it. The universe is just full of mysterious abstract misdirections.
Wednesday, August 23, 2017
Magic Compass Ride
Wednesday, August 16, 2017
Shellacking the Chicken Shell
Which came first, the chicken or the unscrambled egg?
The abstract idea or the adding on of the generic computer?
The irrational thought or the false logic?
Ignorance or basking in its bliss?
Those skilled in the rhetorical art of false choice menus will appreciate that many a proposition are defective even before they are hatched. For example, by proposing that the abstract egg came first and then the generic hen was added on to sit on that egg for reason of conventional and routine development ignores the possibility that the egg came from someplace, perchance a non-abstract and non-conventional laying hen. A something more of significance to those who can comprehend it.
In the case of:
VISUAL MEMORY LLC v. NVIDIA CORPORATION
the question is whether the claims are an independent shell with no connection to the specification (a black box onto itself) or whether the claims are part of an integral whole in which the specification concludes with the claims.
Appellate Judge HUGHES(dissenting) argues:
"Claim 1, for instance, claims a system comprising a main memory and a cache connected to a bus, with a "programmable operational characteristic" that "determines a type of data stored by said cache." '740 patent col. 6 11. 28-38. The claim does not provide any specific limitations on the "programmable operational characteristic," making it a purely functional component. The "programmable operational characteristic" is nothing more than a black box for performing the abstract idea of storing data based on its characteristic, and the patent lacks any details about how that is achieved. The remaining computer elements in the claims (cache, memory, bus) are nothing more than a collection of conventional computing components found in any computer."
Blindsight is of course 20/20 times * zero (0).
The subject US Patent 5953740 dates back to 1990 and
uses an archaic Computer Design descriptor Language known as CDL
The microfiche of the patent describes in detail the modules of Fig. 2 using the CDL language.
Does Judge HUGHES(dissenting, BA Harvard 1989) understand any of this?
Highly unlikely.