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Health Discovery Corporation (HDC) (OTCBB: HDVY) is pleased to announce that its continuation patent application with claims directed to its RFE-SVM method, which was filed in November 2010, has already been indicated by the U.S. Patent Office to be allowable. The claims of the continuation application were copied from those of Intel’s Patent No. 7,685,077, entitled “Recursive Feature Eliminating Method Based on a Support Vector Machine”, which was issued in early 2010 and purports to claim rights in HDC’s proprietary RFE-SVM method. By copying the claims of the Intel patent, HDC sought to provoke an interference proceeding in the U.S. Patent and Trademark Office to obtain an administrative ruling that HDC is the exclusive owner of all rights in the RFE-SVM method. Under Patent Office procedures, the examiner is required to check the claims against the claims of issued patents, including the Intel patent, to determine whether the claims interfere with other patents or applications. This search has been completed and the examiner is now aware of the existence of the competing claims. This is the first step in initiating interference proceedings. Once the interference proceeding begins, HDC will be identified as the “senior party” based on its earlier priority date, which goes back to 2001. As the “junior party”, due to its earliest priority date of August 2005, Intel will have the burden of proving that its date of actual invention was earlier than HDC’s earliest filing date. If Intel is unable to meet this burden, the claims of Intel’s patent will be canceled by the Patent Office.
“With our head start of more than four years over Intel’s supposed invention of RFE-SVM, Health Discovery is confident that the Patent Office will find that Intel has no rights in the technology," stated Stephen D. Barnhill, M.D., HDC’s Chairman and CEO. “It is nonetheless a testimonial to the value of the RFE-SVM technology when an industry giant such as Intel attempts to claim exclusive rights to it.”