No To A Greater Extent Than On Conor; Temples Of Meat

here, here, here and here). This time, it's the plough of Luke Dylan Ueda-Sarson to respond to Brian Whtehead. For ease of reference, Brian's comments are inwards red, Luke's inwards blue. Says Luke:

"Thanks for the latest installment inwards what seems to becoming the Conor Medsystems saga... I am quite enjoying this, since it is making me intend difficult most or so commutation points of patent law.

For what it's worth, I concur alongside Merpel's comments, inwards which instance the gauge is perchance just guilty of somewhat sloppy phraseology. It is certainly a to a greater extent than encouraging notion that the other possible reason!

However, I am puzzled past times or so of Brian Whitehead's comments, specifically past times his usage of the discussion "claimed" - although it seems to me he is using it the same means every bit the judge, so is inwards proficient company!

As I empathize it, Pumfrey said that when considering the inquiry of obviousness, 1 must kickoff ascertain the compass of the innovation claimed.

I stance 1 ascertained the compass of the innovation *claimed* past times reading the *claims* as well as ascertaining their compass - otherwise 1 is ascertaining the compass of the disclosure every bit a whole, which is certainly or so other thing entirely. If the 2 do non coincide, as well as so that is a affair of department 72.1 c, ie. enablement as well as sufficiency of description, etc. Why it should figure into inventive stride is less clear to me.

At the cease of para 24, he concludes that in that place is no illustration given inwards the patent of the purpose of taxol-coated stents for the inhibition of restenosis at angioplasty sites. This leads him to conclude, at para 62, that the disclosure of the specification is just that taxol may live incorporated into a stent, as well as non that such a stent would genuinely work.

Which would seem to live a affair for striking the relevant claims (which may or may non equate to "the patent") downwards for lack of enablement, if inwards fact the skilled soul inwards the fine art had no footing for in conclusion it would.

The patent thence does non claim, every bit such, a stent containing taxol for purpose inwards controlling restenosis. At best, it claims the stance of trying taxol inwards a stent.

Hmmm. I would hollo you lot to claim 12. Here are the claims from the judgment:

"1. H5N1 stent for expanding the lumen of a trunk passageway, comprising a mostly tubular construction coated alongside a composition comprising an anti-angiogenic ingredient as well as a polymeric carrier, the ingredient existence anti-angiogenic past times the CAM assay, as well as wherein said anti-angiogenic ingredient is taxol, or an analogue or derivative thereof.

6. H5N1 stent according to whatever 1 of claims 1 to five wherein said stent is a vascular stent.

[11. H5N1 stent according to whatever 1 of claims 1 to five for treating narrowing of a trunk passageway.]

12. H5N1 stent according to claim xi for treating or preventing recurrent stenosis."

It seems to me that that is precisely what the patent is claiming!

Therefore, if it would convey been obvious to the skilled homo to endeavor taxol, the patent is invalid for lack of inventive step. The probable prospect of success is irrelevant, every bit the patent does non claim that such a device would inwards fact live successful.

The patent may non divulge plenty testify to convince the hypothetical skilled worker of the fourth dimension that such a device would live successful, but it most certainly does claim exactly that, correct in that place inwards claim 12.

If the patent is at mistake for claiming this, as well as so certainly this is a affair for sction 72.1 c, as well as non department a?

I feel or so confusion hither betwixt what the patent claims - inwards the claims - as well as what the patent genuinely describes, exterior the claims (which could live talked most every bit "claims" - but non inwards the patent police sense).

I was ever given to empathize that inventive stride should live looked at on a claim past times claim basis; if that is so, hollo for whether "the invention", singular, is obvious, is a non sequiter. It is truthful that the 1977 deed refers to innovation singular when referring to inventive step, but the PCT is real careful to utter most the "claimed invention" inwards this regard, as well as I do non believe the U.K. exercise is to distinguish the two. Have I been mislead? If the U.K. (and EPO) regard "an invention" differently from state the JPO (which fifty-fifty inwards literature for the full general populace equates claims alongside inventions, this the enormous numbers of "inventions" patented every yr -since each patent volition contain many such "inventions"), as well as to a greater extent than importantly, WIPO, this has serious repercussions for inetrnational applications.

The gauge constantly talks most "the invention" existence obvious, but it seems to me this is because he is providing his ain Definition of what the innovation is - as well as it is non what is genuinely existence claimed...

For the record, this is the kickoff fourth dimension anyone has confessed to agreeing alongside Merpel, who is purring alongside delight. says, it's ever impressive to run across how carefully people read as well as analyse the words alongside which judges select to limited their reasoning.


Temples of meat

has learned from De Morgen, via Ananova, of the Temples of Meat exhibition, which volition only live on display for 3 days - until it goes off. The work, past times creative soul Jan Fabre, is existence shown at the Museum of Modern Art inwards Ghent; it includes a coat made of steaks as well as a tent of bacon alongside sleeping bags of steak.

Left: Fabre is non the only inwardness creative soul to convey caught Ananova's attention. This is Gabriela Rivera, who is pictured hither wrapped inwards meat.

Fabre says:

"Meat is a real erotic material. H5N1 lot of my run is most the cult of decay as well as death. I besides honey to do something that volition live destroyed afterwards 3 days. It's a lesson inwards modesty for every creative soul who confesses his honey for eternity."

Fabre said he worked through the nighttime alongside his assistants to plough 100kg of steak, 15kg of minced inwardness as well as a few kilometers of Parma bacon into art.

used to believe that, when it came to art, de gustibus non disputandum ("there's no accounting for taste"). Looks similar there's no accounting for aroma either. There seems no incertitude that the fact that a run is executed inwards inwardness does non disqualify it from whatever copyright protection every bit an artistic run that it mightiness otherwise enjoy. Merpel adds, the motion from porn to inwardness mightiness live characterised every bit a shift from cleavage to cleaver ...

Art past times Bacon here
Decayed corpse chips alongside entrail salsa here
Phobia fine art here
Treatment for inwardness phobia here