Sanity From the 1st Post-Bilski Decision from BPAI: In Re Proudler

 
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Old 07-14-2010
Sanity From the 1st Post-Bilski Decision from BPAI: In Re Proudler

Look at this, will you? The first decision from the Board of Patents Appeals and Interferences post-Bilski to reference that US Supreme Court decision, in In Re Proudler [PDF], a ruling rejecting HP's application for a software patent, setting forth a rule stating, as I read it, as saying software is not patentable because it's an abstraction:
Laws of nature, abstract ideas, and natural phenomena are excluded from patent protection. Diamond v. Diehr, 450 U.S. at 185. A claim that recites no more than software, logic or a data structure (i.e., an abstraction) does not fall within any statutory category. In re Warmerdam, 33 F.3d 1354, 1361 (Fed. Cir. 1994). Significantly, "Abstract software code is an idea without physical embodiment." Microsoft Corp. v. AT&T Corp., 550 U.S. 437, 449 (2007). The unpatentability of abstract ideas was confirmed by the U.S. Supreme Court in Bilski v. Kappos, No. 08-964, 2010 WL 2555192 (June 28, 2010).
This is not the last word, I'm sure, as HP can certainly try to reword. But don't you find this encouraging? I do. And that's why I wanted it in our permanent record of the Bilski case and its aftermath.

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TMPWATCH(8)						   System Administrator's Manual					       TMPWATCH(8)

NAME
tmpwatch - removes files which haven't been accessed for a period of time SYNOPSIS
tmpwatch [-u|-m|-c] [-faqstv] [--verbose] [--force] [--all] [--test] [--fuser ] [--atime|--mtime|--ctime] [--quiet] <hours> <dirs> DESCRIPTION
tmpwatch recursively removes files which haven't been accessed for a given number of hours. Normally, it's used to clean up directories which are used for temporary holding space such as /tmp. When changing directories, tmpwatch is very sensitive to possible race conditions and will exit with an error if one is detected. It does not follow symbolic links in the directories it's cleaning (even if a symbolic link is given as its argument), will not switch filesystems, and only removes empty directories and regular files. By default, tmpwatch dates files by their atime (access time), not their mtime (modification time). If files aren't being removed when ls -l implies they should be, use ls -u to examine their atime to see if that explains the problem. If the --atime, --ctime or --mtime options are used in combination, the decision about deleting a file will be based on the maximum of this times. The hours parameter defines the threshold for removing files. If the file has not been accessed for hours hours, the file is removed. Fol- lowing this, one or more directories may be given for tmpwatch to clean up. OPTIONS
-u, --atime Make the decision about deleting a file based on the file's atime (access time). This is the default. -m, --mtime Make the decision about deleting a file based on the file's mtime (modification time) instead of the atime. -c, --ctime Make the decision about deleting a file based on the file's ctime (inode change time) instead of the atime; for directories, make the decision based on the mtime. -a, --all Remove all file types, not just regular files and directories. -d, --nodirs Do not attempt to remove directories, even if they are empty. -f, --force Remove files even if root doesn't have write access (akin to rm -f). -t, --test Doesn't remove files, but goes through the motions of removing them. This implies -v. -s, --fuser Attempt to use the "fuser" command to see if a file is already open before removing it. Not enabled by default. Does help in some circumstances, but not all. Dependent on fuser being installed in /sbin. -v, --verbose Print a verbose display. Two levels of verboseness are available -- use this option twice to get the most verbose output. SEE ALSO
cron(1), ls(1), rm(1), fuser(1) WARNINGS
GNU-style long options are not supported on HP-UX. AUTHORS
Erik Troan <ewt@redhat.com> Preston Brown <pbrown@redhat.com> Nalin Dahyabhai <nalin@redhat.com> 4th Berkeley Distribution Wed Nov 28 2001 TMPWATCH(8)