Patent claims

Donna Fezler (gcr@rhealiving.com)
Tue, 21 Dec 1999 05:57:36 -0600

The part to be really concerned with are the claims. In the case of this
patent as written and published (and don't expect me to explain the genetic
terms-I am ignorant) they use examples which were allowed up until one year
ago. Now (this is what I hit) the USPTO expect double blind and controlled
studies, so as it sits the Novartis patent should not be allowed. However,
they can still get the patent for the production of certain transgenic
material and not the specified uses. Small but important difference
requiring more patents for use protection.

I think it is Pioneer-correct me Dale- that has very broad claims on large
list of natural plant lectins. I discovered this when I did a literature
search for my daughter who was doing a HS science project on the natural
insecticide acitivity of osage orange. That is NOT limited to transgenic,
but looks like it includes making a slurry in the blender for application in
your home garden. As it turned out, the latex in the osage orange would
have required orgainc solvents and a full hood to process. I was not
willing to donate my blender, or the rest of my kitchen appliances, to
science so we changed the project to recycling newswpaper through gerbils
for worms. We did not infringe on the Pioneer patent.

Donna Fezler
GCR
Jacksonville, IL

http://www.rhealiving.com

-----Original Message-----
From: owner-sanet-mg@ces.ncsu.edu [mailto:owner-sanet-mg@ces.ncsu.edu]On
Behalf Of Winter, Leif and Barbara
Sent: Monday, December 20, 1999 9:38 AM
To: sanet-mg@ces.ncsu.edu
Subject: Re: New Novartis Patent VI

Could someone explain the new patent in terms that don't turn my brain to
mush?

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