From srctran@world.std.com  Fri May 25 21:20:37 2001
From: srctran@world.std.com (Gregory Aharonian)
Date: Fri, 25 May 2001 16:20:37 -0400 (EDT)
Subject: [Patents] Legal definition of "non-obvious".
Message-ID: <200105252020.QAA16780@world.std.com>

>For the concrete-physical solutions, the matter is different, because
>they are based on new empirical knowledge that can't be obtained by
>inference or any other computing operation.

Once again, thanks for another reason why software and hardware should
be equally patentable, for this assertion by Hartmut is false.  There
are artificial intelligence programs that analyzing nothing more than
raw data and basic operations in some field, can discover empirical
knowledge.  For example, one AI program many years ago, given little
more than sequences of integers and basic operations on integers (such
as + - * /) was able to discover the existence of a set of integers
with no divisors either than one, i.e. prime numbers.  That is an
empirical discovery made by computer operation.  Another AI program
discovered Ohm's law, voltage = current * resistance.

So Hartmut's proposed robot test applies equally as well to the
"physical" as well as to the "informational" (as much as I hate using
such mostly meaningless scientific terms).  "Empirical knowledge" is
not a criteria for distinguishing patentability - I can design
computer programs in which a concrete-physical domain is specified,
and then have humans and/or computer programs either discover new
empirical knowledge or solve specific technical problems, be the
domain be mechanical, chemical, electrical, software, hardware, genes,
etc.  And for all such domains, such new inventions should be
patentable.

And based on his comments, it is obvious that the German courts are
as unaware of developments in a variety of fields of AI, software
and mathematics, as is Hartmut - all the more ironic because some
of these development efforts have their leaders in Germany.  Your
ignorance of your fellow German researchers is a shame, since they
do some really good work.

Greg Aharonian


