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Applying In re Bilski to Diagnostic Method Claims

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- An astute reader has asked, regarding our post concerning EXACT Sciences' announcement of the issuance of U.S. Patent No. 7,485,420, whether the claims of the '420 patent would be invalid under the Federal Circuit's In re Bilski standard for patentable subject matter. The independent claims of the '420 patent are: 1. A method for detecting the likelihood that a human patient has colon neoplasia, comprising: a) obtaining a sample from a human patient; and b) assaying said sample for the presence or absence of methylation within a nucleotide sequence selected from the group consisting of...

Full post as published by Patent Docs on February 05, 2009 (boomark / email).