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:

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.

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