The Wall Street Journal of June 7, 2007, and New York Times, had two major articles on patent reform. The problem is that the reporters don't know enough about patent practices to realize a lot of what they are being told (and then reporting), especially from PTO management, is nonsense.
The Wall Street Journal article started out with "U.S. patent law, already shaken up by a Supreme Court ruling this spring, ...". I assume he is referring to KSR, but did the KSR decision, with its bad semantics, really shake up much about obviousness? Or was it just a tweak, a papal
reminder to the CAFC of who has the real authority.
Interestingly, an article in the food section of the New York Times has a good example of a non-obvious discovery. The article is titled "Extra virgin anti-inflammatories" (NY Times, 6 June 2007, D3), and reports on annual tastings of extra virgin olive oils. But it includes a mention of a scientific discovery, as follows:
At the 1999 international workshop on molecular and physical
gastronomy [in Sicily], ... the physicists Ugo and Beatrice Palma
brought along [olive] oil freshly pressed from their own trees.
Dr. Gary Beauchamp [director of the Monell Chemical Senses Center
in Philadelphia] tasted the oil and felt his throat burn, as
did I and all the other attendees [a side effect of very
aromatic virgin olive oils]. But he was the only one who
immediately thought of ibuprofen.
Not an obvious thought?
Dr. Beauchamp happened to be an ibuprofen connoisseur. He and
a Monell colleague, Dr. Paul Breslin, had been trying to help
a manufacturer replace acetaminophen with ibuprofen in its
liquid cold and flu medicine. The medicine tasted fine until
it was swallowed. Consumer panels described the unpleasant
sensation as bitterness, but Dr. Beauchamp recognized it as
an irritation akin to the pungency of black pepper and chilies,
strangely localized to the back of the throat. And he
recognized it again in Sicily.
"The moment I felt that burn from Ugo and Beatrice's oil, I
saw the whole picture in my head.", Dr. Beauchamp recalled
last week. "There's a natural analogue of ibuprofen in olive
oil, and it could have anti-inflammatory properties too."
He, Dr. Breslin and several collaborators confirmed that the
pungent substance in olive oil is a phenolic chemical, which
they name oleocanthal. And they showed that oleocanthal is
even more effective than ibuprofen at inhibiting enzymes in
the body that create inflammation.
... [In a 2005 Nature article], they suggested that the
oleocanthol in pungent olive oils might be one of the things
that make traditional Mediterranean diets so healthful.
A deliciously non-obvious discovery!
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