Health Discovery Corporation (OTCBB: HDVY) has received notification from the United States Patent and Trademark Office that it intends to issue a re-examination certificate to Intel Corporation following completion of the re-examination of Intel’s Patent No. 7,685,077 entitled “Recursive Feature Eliminating Method Based on a Support Vector Machine.”
During the re-examination, the USPTO agreed with the Company’s assertions that the claims of the Intel patent read on the Company’s prior art, meaning that the Company’s earlier patents disclosed all elements of the Intel claims, rendering them unpatentable. In response to rejection of the Intel claims, Intel amended its original claims to include an additional step of “storing the updated kernel data in the buffer to replace the [prior] kernel data.” In the statement of reasons for patentability, the patent examiner explained that although the cited prior art computes modifications to the kernel data in intermediate computations, they do not disclose storing the data to replace the previous data. Based on this step alone, the patent examiner determined that the claims were patentable and should be certified as such.
The Company finds the examiner’s comments to be a clear indication of failure to observe the standards for patentability established under U.S. Patent Law. In particular, the identification of a step that is inherent in the operation of every computer as the basis for patentability evidences a lack of understanding by the examiner of one or both of basic computer operation and the duty of the Patent Office fully examine patent claims in view of the known prior art before deciding that a patent should be granted.
While disappointed with the examiner’s decision in the re-examination, the Company draws encouragement from the fact that the Patent Office agreed that all elements of the Company’s patented SVM-RFE method are present in the Intel claims. A fundamental principle of patent law is that the addition of one or more elements to a patented claim does not avoid infringement. In this case, Intel merely added a standard computer operation to the Company’s SVM-RFE method. Furthermore, possession of a patent on a series of steps does not avoid infringement of a patent covering a subset of those steps.
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