Is 35 USC 101 Judge by the Claims?

As I tortured myself reading this decision I wondered if 35 USC 101 is really a question about the claims or about the specification?  35 USC 101 states:

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

This section does not say anything about the claims and while the claims define the invention they are not the invention.  To suggest otherwise is to confuse reality and elevate the draftsman’s art above the inventor’s work.  Now you might argue that even if this is true, what is important is whether the claims are directed to statutory subject matter, not whether the specification or the inventor’s actual creation is directed to statutory subject matter.  I disagree.  If the specification describes patent eligible subject matter and the claims do not, then the claims fail under 35 USC 112(b), not under 35 USC 101.

The CAFC and the Supreme Court are being contradictory when they state that the manner or cleverness of drafting the claims cannot overcome a 35 USC 101 issue and then examine those claims to make a 35 USC 101 determination.  They should be looking at the specification to determine whether 35 USC 101 is being met and even then the answer should be that the inventor failed to describe something that meets the requirements of 35 USC 101.  If the court determines that the specification meets 35 USC 101 but the claims are not directed to statutory subject matter, then the answer is that the claims fail under 35 USC 112(b).  In other words the claims are not supported by the specification.

An example will help clarify this matter.  Assume you invent the first LASER.  Your patent attorney correctly describes how to make and operate the LASER, but his claims state, “I claim a painting of a woman with an enigmatic smile.”  Clearly, the claim is not directed to statutory subject matter, but a 35 USC 101 rejection is inappropriate, because the invention is a LASER.  The correct determination is that under 35 USC 112(b) the inventor failed to draft claims to the invention and his claims do not have support in the specification.

If we treated patents as property rights, which they are, we would be wary of invalidating a patent because the patent attorney and the patent office made an error in draftsmanship.  But everyone knows that the real answer is that the Supreme Court judges are anti-patents and are just making up excuses to arbitrarily invalidate patents.  The Supremes do not understand property rights and their decisions are not based on logic and reason as applied to the law and facts of the case.  What matters to the Supremes is getting the outcomes they believe are right in spite of logic, reason, the law or facts.

Nation of Men

The opinion states “Next, the cases repeatedly caution against overly formalistic approaches to subject-matter eligibility that invite manipulation by patent applicants.”  P 16.

This is the bastion of lazy thinking.  Imagine a physics professor who cautioned against overly formalistic thinking to physics problems.  Is too F=ma formalistic?

“Bright-line rules may be simple to apply, but they are often impractical and counterproductive when applied to § 101.” P 17.

Sure the law is special and clear rules in law are counterproductive.  Whether your invention is patent eligible does not depend on logic and reason, it depends on which examiner, or group of judges you get.  This is the epitome of a NATION OF (arrogant) MEN, not a NATION OF LAWS.  John Adams must be rolling over in his grave.

Crazy Quotes from the Opinion

“Short and unadorned, § 101 appears deceptively simple on its face, yet its proper application to computer-implemented inventions and in various other fields of technology has long vexed this and other courts.”  P. 7

This is because the judges do not understand what a computer is.

Supposed Test of Majority

“We must first ask whether the claimed invention is a process, machine, manufacture, or composition of matter. If not, the claim is ineligible under § 101. If the invention falls within one of the statutory categories, we must then determine whether any of the three judicial exceptions nonetheless bars such a claim—is the claim drawn to a patent ineligible law of nature, natural phenomenon, or abstract idea? If so, the claim is not patent eligible. Only claims that pass both inquiries satisfy § 101.”  pp 9 &10

Note that laws of nature are not a “process, machine, manufacture, or composition of matter.”  Natural phenomena are not a “process, machine, manufacture, or composition of matter.”  And an abstract idea is not a “process, machine, manufacture, or composition of matter” or it would not be abstract.  The so called judicial exceptions are nonsense and are the result of judge who do not understand engineering and science and have failed to think logically about the statute.  Instead they decided to ignore the statute, logic, and reason and just work with words they were more comfortable with.

What about the Constitutional

Not once in this opinion does the court talk about the requirement that Congress secure the RIGHTS of inventors to their inventions.  It is amazing how they can dance around the statute, insert new requirements beyond the statute to invalidate patents but never discuss the Constitution.  There is no threshold level of invention in the Constitution and if 35 USC 101 is narrower than what inventions are then it is un-Constitution and should be changed.

The nonsense argument that the preample limits patent rights also does not fly.  The preamble is explanatory not limiting this is true throughout the law.  In addition, a preamble is an explanation of the likely effect but not a condition precedent for the law.  Let me give an example from real life.  “To be happy you should be honest.”  Does this mean that if you are not happy, you should not be honest?  Does it mean that you should only be honest if in this case it will make you happy?  No.  It means that your happiness will be promoted by honesty.

“First and foremost is an abiding concern that patents should not be allowed to preempt the fundamental tools of discovery—those must remain “free to all . . . and reserved exclusively to none.” Funk Bros. Seed Co. v. Kalo Inoculant Co., 333 U.S. 127, 130 (1948).” P 15.

Note the hidden assumption that patent stifle future invention and research, but there is absolutely no evidence for this assumption and it is not part of the Constitution or the law.

The opinion calls patents monopolies in several places in contradiction to the Constitution, the statute, and reality.

“It is difficult to see how giving a particular man-made drug to a patient or drawing and testing blood could be considered purely abstract or preordained. Yet the Court held that those steps failed to render the claims patent eligible.”  P 21

The court is trying to make sense of the irrational opinions of the Supreme Court.

“Analyzing patent eligibility, in contrast, considers whether steps combined with a natural law or abstract idea are so insignificant, conventional, or routine as to yield a claim that effectively covers the natural law or abstract idea itself.”  P 22

Further attempting to make sense of the irrational.

“The concept of reducing settlement risk by facilitating a trade through third-party intermediation is an abstract idea because it is a “disembodied” concept.” P. 26

You can only reach this conclusion by ignoring the specification and claims.

“The requirement for computer implementation could scarcely be introduced with less specificity; the claim lacks any express language to define the computer’s participation.” P. 26

This shows a complete lack of understanding of the technology and also confuses the purpose of the claims (to define) with the purpose of the specification (to explain).

“At its most basic, a computer is just a calculator capable of performing mental steps faster than a human could. Unless the claims require a computer to perform operations that are not merely accelerated calculations, a computer does not itself confer patent eligibility.”  P. 27

No at its most basic a computer is an electronic circuit – but don’t expect a bunch of Political Science (that’s an oxymoron) and English majors to know this.

“With the term “shadow record,” the claim uses extravagant language to recite a basic function required of any financial intermediary in an escrow arrangement—tracking each party’s obligations and performance.”  P. 27

I think the Judges should be forced to attempt to create a computer system that accomplishes what Alice Corp did and then explain that it’s just an abstract idea.

The CAFC violates the statute by examining each step of the claim individually.  35 USC 103 specifically prohibits this.  Every Judge who signed onto this opinion should be impeached (fired) for their inability to read a simple statute.

“In other words, they are merely method claims in the guise of a device and thus do not overcome the Supreme Court’s warning to avoid permitting a “competent draftsman” to endow abstract claims with patent-eligible status.” P 31

Funny that the Supreme Court would complain about competence – Perhaps it is because the SUPREMES are completely incompetent – at least when it comes to patent law.

“before us not the patent eligibility of specific types of computers or computer components, but computers that have routinely been adapted by software consisting of abstract ideas, and claimed as such, to do all sorts of tasks that formerly were performed by humans.” P.37

Luddites of the world unite.  A tractor is just performing tasks that were performed by humans, a steam engine is just transporting things that were transporting thing that were transported by humans.  Time to close the Patent Office.

“Not only has the world of technology changed, but the legal world has changed. The Supreme Court has spoken since Alappat on the question of patent eligibility, and we must take note of that change.” P. 37

In other words don’t bother us with logic.  On the one hand computers are just adding machines on the other hand technology has changed – what?

Dissents

“Any claim can be stripped down, simplified, generalized, or paraphrased to remove all of its concrete limitations, until at its core, something that could be characterized as an abstract idea is revealed. Such an approach would “if carried to its extreme, make all inventions unpatentable because all inventions can be reduced to underlying principles of nature which, once known, make their implementation obvious.”

Finally some actual logic and it actually follows the law of not allowing each step to be analyzed in isolation.

“At the outset, a computer-implemented invention is eligible for patenting under Section 101. Computers are “machines.” Machines are expressly eligible subject matter under Section 101. Having said that, however, were it not for software, programmable computers would be useless. A computer without software collects dust, not data. The operation of the software changes the computer, altering its ability to perform one function or another as the software indicates.”

Some actual logic.

“Indeed, in theory, an inventor could claim a machine combination with circuitry, transistors, capacitors, and other tangible electronic components precisely arrayed to accomplish the function of translating Chinese to English. CLS BANK INTERNATIONAL v. ALICE CORPORATION 29  These complex interrelated machine components would squarely fit within the terms of Section 101 and involve nothing theoretical, highly generalized, or otherwise abstract. The fact that innovation has allowed these machines to move from vacuum-tube-filled specialized mechanical behemoths, to generalized machines changed by punch cards, to electronically programmable machines that can fit in the palm of your hand, does not render them abstract.”

Too bad the Supremes are too incompetent to understand these simple facts.

“The claims do not claim only an abstract concept without limitations that tie it to a practical application. Confirming this, someone can use an escrow arrangement in many other applications, without computer systems, and even with computers but in other ways without infringing the claims.”

“Obviously, the claim does not simply state “use an escrow.”

“And let’s be clear: if all of these claims, including the system claims, are not patent-eligible, this case is the death of hundreds of thousands of patents, including all business method, financial system, and software patents as well as many computer implemented and telecommunications patents.”

“Looking at these hardware and software elements, it is impossible to conclude that this claim is merely an abstract idea.”

Judge Newman’s Dissent

“This section 101 issue appears to have its foundation in a misunderstanding of patent policy, for the debate about patent eligibility under section 101 swirls about concern for the public’s right to study the scientific and technologic knowledge contained in patents. The premise of the debate is incorrect, for patented information is not barred from further study and experimentation in order to understand and build upon the knowledge disclosed in the patent.”

I have seen no competent analysis of how these technologies and industries would be affected by a fundamental reduction in patent-eligibility. Dramatic innovations, and public and economic benefits, have been achieved under the patent law as it has existed.

Patents do not prevent experimentation with patented subject matter, whether the purpose is scientific knowledge or commercial potential. To hold otherwise would be to deny a foundation of the system of patents. However, the popular press has accepted the theory that experimentation is barred for patented subject matter, as have my colleagues, who cite that position as grounds for restricting eligibility under section 101.

Excellent Advice from Chief Judge Rader

And I find myself resorting to exactly the same phrase: When all else fails, consult the statute!  And for evidence that all else has failed, I need only recite Bilski v. Kappos, 130 S. Ct. 3218 (2010), Mayo Collaborative Servs. Inc. v. Prometheus Labs., Inc., 132 S. Ct. 1289 (2012), Ass’n for Molecular Pathology v. U.S. Patent & Trademark Off., 689 F.3d 1303 (Fed. Cir. 2012), cert granted in part, 133 S. Ct. 694 (2012), MySpace, Inc. v. GraphOn Corp., 672 F.3d 1250 (Fed. Cir. 2012), Dealertrack, Inc. v. Huber, 674 F.3d 1315 (Fed. Cir. 2012), and Classen Immunotherapies, Inc. v. Biogen IDEC, 659 F.3d 1057 (Fed. Cir. 2011), and this list can and will go on and grow.

 

And the remedy is the same: consult the statute!

* Senior status.

The following additional information was provided by stepback.

PAULINE NEWMAN, Circuit Judge: … She served as patent attorney and house counsel of FMC Corp. from 1954 to 1969 and as research scientist, American Cyanamid Co. from 1951 to 1954. Judge Newman received a B.A. from Vassar College in 1947, an M.A. from Columbia University in 1948, a Ph.D. from Yale University in 1952 and an LL.B. from New York University School of Law in 1958.  From http://www.cafc.uscourts.gov/index.php?option=com_content&view=article&id=126:pauline-newman-circuit-judge&catid=1:judges&Itemid=24.  Not surprisingly I have often believed Judge Newman is the most intelligent judge on the CAFC.

KIMBERLY A. MOORE, Circuit Judge: … was an Associate at Kirkland & Ellis from 1994 to 1995. From 1988 to 1992, Judge Moore was employed in electrical engineering with the Naval Surface Warfare Center. Judge Moore received her B.S.E.E. in 1990, M.S. in 1991, both from the Massachusetts Institute of Technology, and her J.D. (cum laude) from the Georgetown University Law Center in 1994.

RICHARD LINN, Circuit Judge: … was a Partner and Practice Group Leader at the Washington, DC law firm of Foley and Lardner from 1997 to 1999. He was a Partner and head of the intellectual property department at Marks and Murase, L.L.P. from 1977 to 1997. Judge Linn served as Patent Advisor, United States Naval Air Systems Command from 1971 to 1972, was a Patent Agent at the United States Naval Research Laboratory from 1968 to 1969, and served as a Patent Examiner at the United States Patent Office from 1965 to 1968 … He received a B.E.E. from Rensselaer Polytechnic Institute in 1965, and a J.D. from Georgetown University Law Center in 1969.

Now that we have a clear definition of a patent and software, we can examine whether there is something special about software that would cause it to not be patentable.  The written instructions of software do not have an objective result, unless they converting into a wiring scheme.  Therefore, software code is not patentable.  No country has patent laws that apply to software code.  The way this is normally stated is that software per se is not patentable.

If this was all the New Zealand bill was proposing, we could stop here.  But all indications are that the proposed law would not allow patents for inventions in which software was used to wire an electronic circuit.  As any electrical engineer knows and software developer should know, solutions to problems implemented in software can also be realized in hardware, i.e., electronic circuits.  The main reason for choosing a software solution is the ease in implementing changes, the main reason for choosing a hardware solution is speed of processing.  Therefore, a time critical solution is more likely to be implemented in hardware.  While a solution that requires the ability to add features easily will be implemented in software.  Software is just a method of converting a general purpose electronic circuit (computer) into an application specific electronic circuit.  If software is not patentable it leads to absurd results.  For instance, if I design a pacemaker using logic circuits, it is patentable.  However, if I use a microcontroller to do the exact same thing, it is not patentable.

Software per se is not patentable.  Executed software is just a way of wiring an electronic circuit.  Electronic circuits have objective results, are a creation of man and therefore an invention.  There is no logical reason to distinguish between software-implemented inventions and other inventions.  This bill is based on emotion or an anti-property rights agenda or both.

Ultimately, Hayek is a warmed over Platonist.  According to Hayek our perception and reason are limited (Plato).  It is this limit to reason that is Hayek’s justification for a free market.  Basically, Hayek argues that because our reason is limited it is sheer folly to suggest that central planning can ever work.  Rand on the other hand sees no limit to reason and notes that reason is man’s basic tool of survival.  But each man must reason for them self.  To force (central planning) someone to do something against their reason is immoral and eliminates the creativity and ingeniousness of everyone subject to the central planning decree.  This means we have a small group of people attempting to “solve” problems instead of many people and the people making the decision are not the ones that feel it’s effects.  As a result, central planning is an open loop process, which as any engineer knows is a very inaccurate process.  In addition, central planning does not take all the variables into account, since only each individual can know exactly what their circumstances and needs are.

I believe Austrians gravitate to Hayek’s ideas because it saves religion (Christianity) from reason and the free market.  Hayek’s ideas on the limits of reason puts him in the company of Kant, Hume and Plato.  Hayek in that sense is both anti-reason and anti-science, which leaves plenty of room for religion.

It also explains why Austrians do not understand patents.  Property rights to Austrians are based on social convention or utilitarianism but not based on reason.  According to the Austrians we have property rights (privileges, arbitrary grants) because of tradition or because they believe (not know – reason is limited) it results in the best use of resources.  As Hakek states:

[M]orals, including, especially, our institutions of property, freedom and justice, are not a creation of man‘s reason but a distinct second endowment conferred on him by cultural evolution.

Patents were once characterized as monopolies (see English history), so Austrians cannot reason out the difference between what were called patents before the Statute of Monopolies and what are patents today.  For Rand, creation is the basis of property rights and all human creations start with one man’s mind.  Because of this Rand made it clear patents/copyright (Intellectual property) are the basis of all property rights.

For more see Defending Capitalism: Ayn Rand vs. Hayek

More specifically on Hayek’s concept of Abstraction:

If Hayek’s ideas had any validity, then a person whose eyesight was restored after being blind from birth could immediately (visually) identify an apple or red, which we know is not true.  If Hayek’s ideas were true then we would have to have some inherent understanding of the double slit experiment in quantum mechanics or the idea that time slows down as we approach the speed of light, but this is clearly nonsense.

History:

In the 1970’s there was a period of global cooling which led the media to a frenzy of reporting a coming ice age.  A considerable body of knowledge existed on climate change and the phenomena which have caused it to occur. Examples are such phenomena as changes in the earth’s orbit, the orientation of the earth axis of rotation, variation in cosmic ray flux, and changes in the ocean currents.  For decades the Greenhouse Effect on the earth’s temperature had been known.  Therefore, during the 1970’s, a Swedish scientist proposed that humans increase their output of CO2 in order to increase the Greenhouse Effect so as to increase the 1970’s global cooling.

During the 1970’s cooling, Britain suffered because their supply of fuel was disrupted, (a) by the Middle East fuel oil embargo, and (b) by British coal miners’ strikes.

In about 1979 global cooling changed to global warming.  Prime Minister Thatcher wanted Britain to shift from coal to nuclear power as France had done. Therefore, she established a committee to report whether an additional argument for a shift to nuclear power was to reduce the output from burning hydrocarbons and thereby reduce the global warming then occurring.  The committee didn’t directly address the other various theories of the cause of climate change.   It studied the effects of human-related CO2 emissions on the earth’s average surface temperature, and the consequences to humans of the hypothesized continuing warming.

Thatcher’s committee released a report in the mid-1980’s finding that the rising CO2 content of the atmosphere since 1980 did correlate with the increase in global temperature.  Without proof it postulated cause-and-effect.  It predicted, without proof, a continuing temperature rise that would be disastrous to mankind.  The media gave lurid reports of the predicted catastrophes.  Environmentalists seized reducing CO2 output as a means to protect the earth.  Cold war activist organizations shifted their efforts to anti-global warming.  Many saw economic opportunity.  Then-Senator Al Gore had learned about global warming in college classes in the 1960’s.  As a Senate Committee Chair, he became a staunch supporter of the human-CO2 hypothesis.

The UN then appointed its Intergovernmental Panel on Climate Control (IPCC) with the mission of protecting the earth from climate change.  The panel was made up of political appointees (scientists and non-scientists) appointed by UN-member nations.  The panel established technical groups with an appointed IPCC member-scientist heading each.  The lead politically-appointed scientists recruited volunteer scientists of established reputations to address explicit technical issues.   They were to do this by a literature search – not by independent investigations.  One small cohort of climatologists evaluated findings on the “IPCC Hypothesis:  human CO2 makes a significant contribution to global warming.”  This cohort was not  concerned with evaluating other potential causes of global warming.  The remaining scientists were to address the various effects which would result from the assumed, continuing, long-term increase in future global temperature.

The technical groups, as I understand it,  were to submit individual group reports of human-related CO2 emissions, to a separate, elite, editing group composed of IPCC’s political appointees (scientists and non-scientists).   That editing group was to prepare a “Summary Report for Decision Makers.”  In doing so, these editors were free to change the scientists’ findings without further input from the scientists on the changes the editors made.  The Summary Report would be released to “decision-makers” and to the public.  Then the groups’ reports would be melded into a single “IPCC Assessment Report,” which also would be available to the public.  The Assessment Report…” would conform to the editor’s Summary Report.

The stage was set for a malfunctioning process.

There have been four such pairs of these two kinds of reports (assessment and summary) issued to date.

Genesis:

The fiction of scientists’ consensus on global warming gained began with the publication of the “First IPCC Summary Report for Decision Makers” in about 1992.  It matured with the Second Report, issued in 1996 and listing some 2,500 “contributors.”  Scientists in the IPCC group expert in the Greenhouse Effect, were a very small fraction of the 2,500 “contributors.  They reported in 1996 that, “No study to date has positively attributed all or part [of the climate change observed to date to anthropogenic [i.e., human] causes.” It was an unequivocal statement.

The politically-appointed editing group changed that scientists’ finding to say, “The balance of evidence suggests that there is a discernable human influence on global climate.”

Thus, the politicians reversed the scientists’ findings.  The subsequent full IPCC 1996 Assessment report was prepared throughout to agree with the reversal.  There was dismay among many climatologists, worldwide.  A number of scientists who had participated asked that their names be removed from the reports’ contributors list.  The IPCC denied these requests, saying, “You contributed. You just didn’t agree.”  It did comply with an eminent French scientist who sued the IPCC in a French civilian court.

Asked why the change was made, the lead editor said it was due to “pressure” from U.N. member nations.  One activity pressing was the U.S. Department of State.  It was during Clinton/Gore Administration and V.P. Gore is said to have been involved.

All of the foregoing in this attachment is based mostly on, “A Skeptics Guide to Debunking Global Warming Alarmism…,” U.S. Senate Committee on Environment and Public Works, 12/09/06.  See particularly pages 21-22.

Because of the raging controversy following the 1996 report, a social sciences professor at UC, San Diego, read the abstracts of some 900 articles on global warming in the literature and reported that three-fourths of the authors supported the IPCC-Gore human CO2 hypothesis.  A European scientist involved in the global warming program reviewed the same 900 articles plus a few more.  In contrast, he reported that only 10 papers “fully supported” that hypothesis and only 34% “somewhat supported it.”  His report was not published when first submitted for publication in a journal, and the media did not learn of it at the outset.    

“Scientific Consensus” and “Settled Science:

Having read the IPCC’s “Second Summary Report for Policymakers” and the paper by the UCSD professor, media personnel believed that it was a broadly accepted scientific conclusion: i.e., “Settled Science.” [“Consensus opinions” is the media’s inaccurate view on how scientific decisions are made.]

Sequentially, the generally used scientific method it is to make an “hypothesis,” validate it to establish a “theory,” have a dialog to establish a generally-accepted theory, and ultimately to establish a “law.”  The dialog is among scientific peers who try to replicate the original experimental findings or to refute those findings with replicated experimental findings. That dialogue continues until the significant issues underlying the theory have been settled with unrefuted evidence.   After some time span of no significant further dialog and of continuing reinforcement, the theory becomes a “law.”  (There are other scientific methods, but none of the other methods were completed on the IPCC Hypothesis, either.)

The IPCC Hypothesis is still an hypothesis.  There are no scientific data demonstrating its truth.

In science, correlation does not of itself prove cause-and-effect.  I.e., a third variable could be causing the other two variables to change value.   Further, as a basic concept, it is not the opinions of a majority of scientists or anyone else who determine the validity of a theory.  Validity is determined by the demonstrated facts pertinent to the issue.  Up to a century or two before Columbus, everyone “knew” the world was flat and the sun revolved around it.

Believing that the IPCC’s second “Summary Report for Policymaker” established a valid theory, the mainstream media has suppressed news which did not support the IPCC Hypothesis.  For example, sixteen months ago I received a response to a draft OpEd submitted for publication.  The rejection said in part, words to the effect, “Our editorial board has decided the global warming issue is settled and there’s no point in prolonging the issue.  We would welcome papers on what to do about it.” [Recently, that media activity apparently negated that decision.]

Scientific dialogue on the IPCC Hypothesis still continues, but the mainstream media still ignores it.  Given the media’s biased reporting, most of the American public and its politicians were taught to believe it’s “settled science,” but the percentages of true believers among our citizens continues to decrease.   Of those scientists in the field who initially supported the hypothesis, many or most no longer do. On the other hand, no publicized “denier” scientists have become supporters. 

Support for the IPCC Hypothesis:

(a) Private Enterprise:  Industrial purveyors of “green” power sources stand to make billions on equipment, all of which would furnish power at greater expense than current sources.  GE, the corporation which would profit more than any others, reportedly has spent three times as much lobbying Congress as all the oil and coal corporations combined.  Ethanol and other biofuel industries have solid federal political support.  (For drawbacks of green power sources, see below).

(b)  Foreign Nations/United Nations.  An obvious solution to the non-problem defined by the hypothesis is to reduce the industrial CO2 output into the atmosphere.   Since we, the developed nations, are major emitters of CO2  and allegedly can “afford” the added expense of reducing that output, we are expected to make major reductions.  However, the Kyoto Accord exempted all developing nations, including China, India, Brazil, and Indonesia, from the requirement – even though they together place prodigious and rapidly-growing amounts of CO2 effluent.  Nations with appreciable nuclear power sources produce appreciably smaller CO2 – but environmentalists and others in America proscribe more American nuclear plants.  The effects of drastic CO2 emission curtailment on the USA’s economy and environment would be large, but the USA’s reduction would have only a minor effect on the world’s atmospheric CO2 load.  An overwhelming majority of UN nations support its hypothesis and will benefit at the expense of the developed nations grown affluent by the foresight, earnest attention, and hard work of its citizens.

(c)  American Government.  Many key politicians in our national and state governments vote in conformance with, (1) polls of their generally-misinformed voters, and (2) the vested-interests of their financial contributors.  Equally important, the government deficit funding supports industrial, commercial, and agricultural interests, which generates current government tax income.

(d)  Environmentalist:  There are valid concerns about trace emissions from burned hydrocarbon fuel.  For example our cars’ catalytic converters have devices to reduce this pollution and have mostly eliminated smog.  Further reduction is desirable:  we need to stop polluting the planet.  However, the combustion fuel pollutants do NOT include CO2.      Atmospheric CO2 itself is NOT only is NOT a pollutant; as described below, it is beneficial to both animals and plants.

Opposition to the IPCC Hypothesis.

(a) In the early 1990s, concerned climatologists (and the organizations they formed) challenged the technical claims being made by the human-CO2-effects proponents. These organizations evolved into the pro bono “Non-governmental International Panel on Climate Control (NIPCC).”  Headed by icons in the climatology field, the NIPCC has published two major reports and held two major, widely-attended, three-day, international conferences in New York City.  [Please Google, “NIPCC.”]  The mainstream media failed to report these NIPCC news items, while publicizing the UN-sponsored global warming meetings – meetings in which, NIPCC-member papers were denied presentation for seemingly political reasons.

(b) The media also failed to report the numerous surveys of professionals in the field who dispute the IPCC Hypothesis – such as the Global Warming Petition Project of 31,500 signees.   Active opposition is needed to counter the biased education of the voters, but only the conservative talk radio and the Fox News Network are reporting the countervailing facts.

(c)  In addition to the problems with the Second IPCC Assessment Report given above, the Third and Fourth IPCC Assessment Reports have had similar egregious technical faults.  For example, the Third Assessment Report emphasized the “hockey stick graph” which wrongly portrays global temperature history and events before 1970 and since 1998.  IPCC scientists unsuccessfully opposed its inclusion in the report, and the American Academy of Science later judged to be “of little utility.”  Subsequently, the hockey stick graph disappeared from scientific discourse.

(d) All of the IPCC Reports are based on the assumption that human-related CO2 caused the global warming between 1980 and 1996.  That assumption is based on the alleged correlation of the increases in atmospheric CO2 and in average annual global temperature during those years.  However, Gore and others plotted the two curves going back eons of time with one curve separated on the graph some distance above the other.  If the two curves are plotted so that they overlap, it is clear that the temperature changes first and then one or two hundred years later the air’s CO2 content changes.  Because of that time relationship, changes in the atmospheric CO2 does not cause the temperature change.  It’s vice versa.  This time lapse is because the ocean is the earth’s largest storehouse of (dissolved) CO2; and an increasing water temperature decreases the ocean’s solubility constant for dissolved gases.  Because water warmed by the sun, ocean currents, etc., is lighter than cold water, it takes many years of roiling the ocean water for the heat to be transferred to the full volume of oceans so as to obtain the full release of dissolved CO2.

(e) Increasing CO2 will benefit plants.  Doubling (2X) atmospheric CO2 will increase foodstuff production worldwide about 24%.  It will increase all plant growth rates [e.g. pine trees, about 40%].  In the ranges of interest in the IPCC Hypothesis, warming doesn’t hurt plants.

(f) Increased food and renewable resources benefits humans.   Historically, the high points of civilization have occurred during periods of global warmth.   The threshold at which CO2 becomes physiologically harmful is at atmospheric concentration about 25X that at present.  Note that Gore’s agog was concerned about an (improbable) increase to 2X by the next century.  Global warming benefits humans

(g) The CBO estimated that passing Cap and Trade will cost the average household an extra $875 in electricity costs in the year 2020, not the $175 estimated by the Administration.  Further, this $875 will greatly increase in subsequent years when the additional reductions in carbon emissions are required.  In addition to the increased costs of citizens’ home power consumption, Cap and Trade will significantly increase the cost of citizen’s food, clothing, shelter, and services, and any other activities requiring the use of power – like travel and golf course maintenance.

(h) Change of corn harvest from food to ethanol has already decreased the supply of corn as food for the earth’s population; causing starvation in poor countries.  Corn for ethanol production requires vast arable land areas.

(I) Wind power substituted for coal will increase power costs 75%.  It will take four hundred (400) square miles of land and thousands of miles of power lines to produce enough energy to power a typical city with wind power. Offshore windmill installations will be an ecological disaster to marine life and migrating birds; and it will be very more expensive than land-based windmills.

(j) Solar (thermal) power will require large land areas and will cost 570% more than coal.   Solar (photoelectric) will require large land areas and will cost 887% more than coal.

(k) In time we will exhaust present supplies of economical fossil fuels.  Before that happens we can phase in nuclear power.  The waste storage of all the wastes from nuclear power plants of the world to date will take only the volume of one commercial building; and space to take America’s waste exists in prepared underground chambers underneath the Nevada Test Site.  The nuclear accidents at Three Mile Island and Chernobyl occurred with   unsafe, unstable designs that are no longer used.  Our Navy has been nuclear-powered commencing in the 1950’s without human damage, and since perhaps since the 1960’s France has produced most of its power from the atom.  It’s the environmentalists’ unreasonable dread of a nuclear power plant explosion or of a vast spill of nuclear wastes that dropped America from world leadership in the nuclear power field – not the ability to construct a safe industry.

(l) Development of nuclear fusion power sources was halted in parallel with that of stopping nuclear fission power plant construction.  There is a nearly inexhaustible source of deuterium in the world’s oceans, but the unattained task is to contain the fusion reaction.

(m) Considering all the IPCC assessment reports to date, there is not a shred of scientific evidence that human-related CO2 has an observable effect on the earth’s annual average surface temperature.  There is ample evidence that it does not.  For example, even though the atmospheric CO2 concentration has continued to the present, the earth stopped warming in 1998, commenced cooling soon after 2000, and is still cooling. The rate of cooling between 2006 and 2007 was the greatest rate of change for either heating or cooling since such measurements have been recorded.

(n) Further, There are many other indications that the cause of the 1980-1998 temperature rise is not increasing atmospheric CO2.  (1) If the IPCC hypothesis were valid, than per thermodynamics the troposphere temperature should be rising.  It isn’t.  (2) At least in America, and probably in other developed nations, the thermometers measuring surface temperature are in urban areas; and in these areas there is a “heat island” effect compared to surrounding areas.   Urban growth itself raises the difference in temperature between urban areas and the much larger adjacent rural areas.   (3) Many temperature-measuring instruments in America have been identified as being in faulty locations such as adjacent to air conditioner heat exhausts.  Thus, the US NOAA-measured temperatures have been found to have been significantly increased by such faults.  (4) All the computer programs used to predict future temperatures have used the assumption of a positive feedback effect from low-level clouds caused by condensation of rising moist air rising from heated earth’s surfaces.  However, the predicted human CO2 effect is exaggerated.  It recently has been shown that the low-cloud feedback is not positive – it’s negative.

(o) Assume, for purposes of discussion, that increasing atmospheric CO2 causing a larger Greenhouse Effect is the basic cause of the 1980-1998 global temperature increase.  What percentage of that increase is due to human-related CO2 emissions?  First, water vapor comprises more than 50% of the Greenhouse gases and contributes 96% of the Greenhouse Effect.  Atmospheric CO2 comprises 0.04% of the atmosphere and contributes less than 4% to the Greenhouse Effect.  Second, over 50% of the CO2 emitted into the earth’s atmosphere is emitted by volcanoes (on land and underwater).  During global warming, next is the CO2 from the ocean.  Other sources in decreasing importance come animals’ emissions (excluding humans), then bacterial emissions, then humans with a very small percentage.   Because the human CO2 effect on Greenhouse warming is a >4% times a very small percent, human-related CO2 emissions contribute less than 0.1% of an increase in the earth’s Greenhouse Effect.

Doubling human emissions from less than 0.1% to less than 0.2% would cause an immeasurably small change in the overall Greenhouse effect.

Conclusion.

The data show that human-related CO2 has an insignificant effect on the Greenhouse Effect’s ability to raise global surface average annual temperature.  Even if it did, CO2 is beneficial, not harmful, to humans, animals, and plants.  The “global warming religion” is not based on “science.”  It is based on other human motivations.

Benjamin H. Colmery, PhD is an honor graduate of the U.S. Naval Academy.  He holds two masters degrees (Ohio State, physics, and UCLA, Eng. Mgt.) and a PhD (Wharton, Management).

I will briefly outline three environmentalist policy areas where environmentalists have lied about the science and even more important than lying, these policies have killed millions of people.

DDT

Silent Spring by Rachel Carson resulted in the banning of DDT.

Deaths Caused by DDT Ban

In 1970, the U.S. National Academy of Sciences estimated that DDT saved more than 500 million lives during the time it was widely used.  http://www.wnd.com/2004/07/25428/  Banning DDT has resulted in about 100 million deaths, many of whom were pregnant women and children.  By comparison: Hitler killed about 6-7 million, Stalin killed around 10-14million, and Mao killed between 60-68 million.

FYI: The ban on DDT is why the US is currently having infestations of bed bugs; most people born after 1940 thought these were eradicated like polio.

Lies about DDT

Carson claimed DDT thinned the eggshells of birds resulting in fewer offspring that endangered raptors existence.  This was based on 1956 study by Dr. James DeWitt, published in the Journal of Agriculture and Food Chemistry.  However, DeWitt’s study actually showed that 50 percent more eggs hatched alive from the birds subjected to DDT than the non-DDT group.  Other claims suggested that raptor populations declined because of the use of DDT; however, raptor populations were failing before the introduction of DDT.   In fact, the Audubon’s Eagle counts from 1941 to 1961 actually increased when DDT was mostly widely used.  All the latest evidence shows, Carson’s claims were nothing but outrageous lies.

Goal of Banning DDT was to Kill People

Alexander King, founder of the Malthusian Club of Rome, wrote in a biographical essay in 1990:

“My own doubts came when DDT was introduced. In Guyana, within two years, it had almost eliminated malaria. So my chief quarrel with DDT, in hindsight, is that it has greatly added to the population problem.”  http://jiminmontana.wordpress.com/2012/01/15/environmentalism-the-green-religion-of-dehumanization/

Dr. Charles Wurster, one of the major opponents of DDT, is reported to have said,

“People are the cause of all the problems. We have too many of them. We need to get rid of some of them, and this (referring to malaria deaths) is as good a way as any.”  http://jiminmontana.wordpress.com/2012/01/15/environmentalism-the-green-religion-of-dehumanization/

Nuclear Power

Anti-Nuclear power activists claimed that nuclear power generation would result in the deaths of thousands of people.  This movement was able to kill off the nuclear power industry in the United States after the Three Mile Island accident in which no one was killed and the average person within ten miles of the accident received the equivalent on one chest x-ray of radiation.

Deaths Caused by Nuclear Power Ban

The main alternative to nuclear power plants,to date ,have been coal fired plants.  For each person killed by nuclear power generation (including deaths due to Chernoybal), 4,000 die from coal. The previous data is adjusted for how much power is produced by each method of power generation.  http://www.the9billion.com/2011/03/24/death-rate-from-nuclear-power-vs-coal/  The number of people killed per year in the US because of this change is at least 10,000.  These deaths are mainly due to particulate pollution (nuclear power has no particulate pollution). This figure also includes an increase in the number of mining deaths, and increases in the number of deaths due to the extra transportation required to move coal compared to transporting uranium.  In the United States alone: this environmental pogram has resulted in at least 300,000 deaths.  Why has this not made headlines??! While the rest of the world has not followed the U.S.’s lead completely, the anti-nuclear movement has definitely retarded the development of nuclear power plants around the world.  As a result, a reasonable estimate of the deaths worldwide because of this environmental policy is at least 600,000.

Nuclear power plants represent a huge reduction in air and water pollution.  Real reductions in pollution are the result of advancing technologies, not regulator schemes such as the EPA.  In fact, regulatory agencies can be credited with increasing pollution levels compared to what it would be without their influence.

The largest one time event fatality toll from energy production was in 1975.  30 dams in central China failed in short succession due to severe flooding.  An estimated 230,000 people died. The fatalities from hydroelectric power far outnumber deaths from all other energy sources.  http://www.newscientist.com/article/mg20928053.600-fossil-fuels-are-far-deadlier-than-nuclear-power.html  Of course, hydroelectric power is one of the environmentalists’ favorite sources of power.

Lies about Nuclear Power

The number one lie about nuclear power is that an accident could result in the death of thousands of people.  There is absolutely no evidence for this claim.  Another related boogey man of the environmentalists is that the half lives of the byproducts from nuclear power lasts tens of thousands of years.  What if the half life were infinite?  Wouldn’t that be worse?  If the half life were infinite, the elements (compounds) would be stable.  Longer half lives mean that there is less radiation.  Nuclear power plants accelerate the natural radioactive decay of uranium, so leftover fuel rods are less radioactive than the mined material.

Another lie of environmentalist s that nuclear power plants are too expensive to make economic sense.

Nuclear power is not intrinsically expensive. What drove nuclear plant costs up were environmentalist delays (caused by anti-nuclear “interveners” and the high interest financing rates—both perpetrated by those who wanted to kill nuclear power, and who now complain that nuclear costs too much.  Source: Electric Power Research Institute

Goal of Banning Nuclear power was to Kill People?

There does not appear to be any environmental wacko comments to this effect;  certainly  it has been the result and since the environmentalism movement believes there are too many people-well, it seems this was likely part of their goal in killing off nuclear power.

Global Warming

Man made global warming or Anthropogenic Global Warming (AGW) is the latest hoax being thrust upon us by Environmentalists, who I have already shown, have a very poor track record.

Deaths Caused by Global Warming Hoax

The United States is spending about $10 billion a year on Global Warming research.  http://frontpagemag.com/2011/01/28/the-black-hole-of-global-warming-spending/  I think it is safe to say that at least $100 billion has been spent worldwide on Global Warming over the last decade.  It costs about $20 to provide infrastructure for clean water for one person.  According to WHO, 30,000 deaths occur every week from unsafe water and unhygienic living conditions.  Most of these deaths are children under five years old.  That is over 600,000 deaths per year because of poor water infrastructure.  If the $10 billion being wasted on Global Warming research were instead applied to water infrastructure, this could save 50 million lives.  The Global Warming Hoax has cost the lives of at 6 million people.?

How AGW Advocates Have Lied

“The latest data released by the Met Office, based on readings from 30,000 measuring stations, confirms there has been no global warming for 15 years.” http://www.dailymail.co.uk/news/article-2096277/Global-warming-James-Delingpole-claims-green-zealots-destroying-planet.html#ixzz1xP61Eo2b

It is well known that the main driver of the temperature on Earth are the variations in the amount of solar energy the Earth receives.  “Experiments at the CERN laboratory in Geneva have supported the theory of Danish physicist Henrik Svensmark that the sun — not man-made CO2 — is the biggest driver of climate change.” http://www.dailymail.co.uk/news/article-2096277/Global-warming-James-Delingpole-claims-green-zealots-destroying-planet.html#ixzz1xP61Eo2b

The biggest greenhouse gas is water vapor – over 95%, but you never hear about this from AGW advocates.  http://www.creators.com/opinion/walter-williams/environmentalists-wild-predictions.html

“Natural wetlands produce more greenhouse gas contributions annually than all human sources combined.” http://www.creators.com/opinion/walter-williams/environmentalists-wild-predictions.html

Below, IPCC (Intergovernmental Panel on Climate Change -UN) Experts comment on the IPCC, which is the group at the UN that has been saying a consensus of scientist s “believe” in Global Warming http://ukipscotland.wordpress.com/2011/10/04/fifty-ipcc-experts-expose-global-warming-lies/

Dr Vincent Gray: “The (IPCC) climate change statement is an orchestrated litany of lies.”

Dr. Lucka Bogataj: “Rising levels of airborne carbon dioxide don’t cause global temperatures to rise…. temperature changed first and some 700 years later a change in aerial content of carbon dioxide followed.”

Dr Richard Courtney: “The empirical evidence strongly indicates that the anthropogenic global warming hypothesis is wrong.”

Dr Eigil Friis-Christensen: “The IPCC refused to consider the sun’s effect on the Earth’s climate as a topic worthy of investigation. The IPCC conceived its task only as investigating potential human causes of climate change.”

Goal of AGW

The goal of AGW is to kill capitalism and as a result kill millions of people.  Patrick Moore, a co-founder of Greenpeace explained.  (Environmentalism today is) more about globalism and anti-capitalism than it is about science or ecology….

“Ultimately, no problem may be more threatening to the Earth’s environment than the proliferation of the human species.”
— Anastasia Toufexis, “Overpopulation: Too Many Mouths,” article in Time’s special “Planet of the Year” edition, January 2, 1989. http://newsbusters.org/blogs/geoffrey-dickens/2012/04/19/earth-day-special-medias-top-25-wackiest-environmental-quotes#ixzz1xPBuQJxp

“Today, life on Earth is disappearing faster than the days when dinosaurs breathed their last, but for a very different reason….Us homo sapiens are turning out to be as destructive a force as any asteroid. Earth’s intricate web of ecosystems thrived for millions of years as natural paradises, until we came along, paved paradise, and put up a parking lot. Our assault on nature is killing off the very things we depend on for our own lives….The stark reality is that there are simply too many of us, and we consume way too much, especially here at home….It will take a massive global effort to make things right, but the solutions are not a secret: control population, recycle, reduce consumption, develop green technologies.”
— NBC’s Matt Lauer hosting Countdown to Doomsday, a two-hour June 14, 2006 Sci-Fi Channel special. http://newsbusters.org/blogs/geoffrey-dickens/2012/04/19/earth-day-special-medias-top-25-wackiest-environmental-quotes#ixzz1xPCThQaU
“My own doubts came when DDT was introduced. In Guyana, within two years, it had almost eliminated malaria. So my chief quarrel with DDT, in hindsight, is that it has greatly added to the population problem.”  http://jiminmontana.wordpress.com/2012/01/15/environmentalism-the-green-religion-of-dehumanization/

Dr. Charles Wurster, one of the major opponents of DDT, is reported to have said,

“People are the cause of all the problems. We have too many of them. We need to get rid of some of them, and this (referring to malaria deaths) is as good a way as any.”  http://jiminmontana.wordpress.com/2012/01/15/environmentalism-the-green-religion-of-dehumanization/

“A total population of 250-300 million people, a 95% decline from present levels, would be ideal,” Turner stated in 1996.^[1]

A leading environmentalist, Dr. Eric R. Pianka advocated the elimination of 90 percent of Earth’s population by airborne Ebola in front of few hundred members of the Texas Academy of Science who rose to their feet, and gave him a standing ovation.^[2]  Dr. Pianka attempted to deny this, but the evidence was overwhelming including his student evaluations.

Environmentalism is a Religion – and that religion is anti-human and EVIL

THE SUPREME COURT IS NOT COMPETENT TO RULE ON PATENT LAW.

The Justices on the Supreme Court neither have the scientific and technical training to rule on patent cases nor do they an appropriate understand of the basics of patent law.  Congress has the power to limit the Supreme Court’s jurisdiction and it should strip it of jurisdiction for patent cases.

CAFC ruling under reviewed

The ruling in the 2012 version of this case was very similar to the ruling in 2011 that I discussed in my post Association of Molecular Pathology v. USPTO.  Below I provide what I think are the most interesting excerpts from the opinion.

Composition claims are all eligible under 35 USC 101.

They (The isolated strands of DNA) are obtained in the laboratory and are man-made, theproduct of human ingenuity.  While they are prepared from products of nature, so is every other composition of matter.  All new chemical or biological molecules, whether made by synthesis or decomposition, are made from natural materials.  For example, virtually every medicine utilized by today’s medical practitioners, and every manufactured plastic product, is either synthesized from natural materials (most often petroleum fractions) or derived from natural plant materials.  But, as such, they are different from natural materials, even if they are ultimately derived from them.  The same is true of isolated DNA molecules.  PP. 38-39

The highlight portion points out a general rule of patent law (actually nature) – all inventions are combinations of existing elements, these elements are formed from natural materials.  You cannot create something from nothing – it’s called conservation of matter and energy.  Unfortunately, this simple rule of physics is often ignored by the courts – probably because most of them do not have a scientific background and are therefore unfit to rule in patent cases.

A composition of matter is not a law of nature.  P. 51

The anti-patent crowd has been trying to expand laws of nature to include anything that occurs naturally.  A law of nature is something that explains a host of data and can be used to accurately predict how things will behave in nature, such as gravity.  Using a counterbalance in an elevator uses gravity – a law of nature, but it is not a law of nature.

It is undisputed that Myriad’s claimed isolated DNAs exist in a distinctive chemical form—as distinctive chemical molecules—from DNAs in the human body, i.e., native DNA. P. 44

The critics of patenting human genes miss this point.  The claims do not cover native DNA, they cover DNA that does not exist but for the intervention and ingenuity of humans.

Claims 1 of the ’999, ’001, and ’441 patents, as well as method claims 1 and 2 of the ’857 patent—all of which consist of analyzing and comparing certain DNA sequences—not to be patent-eligible subject matter on the ground that they claim only abstract mental processes.  P. 55

I strongly disagree with this statement.  Myriad clearly showed that the analyzing step requires machines that are clearly described in the specification.  Even if a doctor had the print out of the results of analysis and then he compared the results without a machine, then this is contributory infringement.  The only justification for the CAFC’s decision is hyper technical analysis of the claim that requires a recited machine in the claims.  This sort of overly formal interpretation does nothing to protect the property rights of inventors, but does advance the interests of entities that want to steal other people’s inventions.

We once again, even in light of Mayo, arrive at the same conclusion of patent-eligibility because at the heart of claim 20 is a transformed cell, which is made by man, in contrast to a natural material.

By definition, however, performing operations, even known types of steps, on, or to create, novel,  i.e., transformed subject matter is the stuff of which most process or method invention consists.  All chemical processes, for example, consist of hydrolyzing, hydrogenating, reacting, etc.  In situations where the objects or results of such steps are novel and nonobvious, they should be patent-eligible.  P. 61

The idiots at the Supreme Court have attempted to break claims down and determine if each step is new.  You can’t create something from nothing and a step which is completely new does not meet the requirements of 35 USC 112.  This form of interpretation of the claims was specifically rejected by the 1952 Patent Act under 35 USC 103.  But the anti-patent Justices on the Supreme Court are not interested in logic, the Constitution, or the law.  They are only interested in forcing their policy visions on the American public.

Patents and Monopolies

Patents: Monopoly or Property Right a Testable Hypothesis

If patents are a monopoly, as some suggest, then it should led to certain outcomes.  A close examination shows that none of the supposed monopoly effects result from granting patents.

Monopoly/Rent Seeking vs. Property Rights/Intellectual Property.

This post explains the characteristics of a monopoly and a property right and poses three questions to show the difference.  Patents fit all the characteristics of a property right and none of a monopoly.  Note that professional license, such as a law license has some of the characteristics of a monopoly.

More on the Myth that Patents are Monopolies.

This post contains a number of quotes from philosophers explaining that patents are not monopolies.

Property Rights, Possession and Objects 

This post explains the difference in the concepts of property rights, possession, and objects.  Most economists and patent detractors confuse these concepts.  The origin, definition, and legal basis of property right are explained.

The Myth That Patents are a Monopoly 

This post compares the definition of a monopoly to the rights obtained with a patent.  It shows that the rights obtained with a patent do not confer a monopoly.

(a) In General.— A patent shall be presumed valid. Each claim of a patent (whether in independent, dependent, or multiple dependent form) shall be presumed valid independently of the validity of other claims; dependent or multiple dependent claims shall be presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity. (Emphasis added)

CLS Bank argued in their brief that validity and eligibility are different and 35 USC 101 is directed to the latter.  Nothing in the statute suggestions that there is a distinction between eligibility and validity.  How can a patent be valid and not meet the requirements of 35 USC 101?  It can’t.  When you turn the question around you see the absurdity of this position.  In addition, the reason for a Patent Office is to review inventions to determine if they are eligible for a patent.  If the courts are going to ignore the determinations of the Patent Office, then we should just have a registration system.  In every other area of law the courts are extremely deferential to administrative agency decisions, but not with patents.  Ask yourself why this is.  I would suggest the reason is that every other administrative agency increases the power of government, but the Patent Office increases the power of the people.  It is patently unfair that an inventor has to defend their patent, two, three or more times and on multiple issues.  If the EPA or the FCC or the FTC, etc. had to survive this scrutiny or legislation in general, almost none of the laws or regulations passed in the last decade would stand.  It is time to end the double standard that gives a pass for every regulation that increases government power, while forcing private people to jump through hoops.  In fact it is time to reverse the process, as the Founders intended.

NO RATIONAL person would buy CLS argument that there is a difference between validity and eligibility.  But that does not mean the Judges on the CAFC or Supreme Court will not buy into CLS argument.

For more on the earlier decision CLICK HERE.

No wonder, she was one of the greatest leaders of the 20^th Century.  Thatcher died today at 87.  As Prime Minister she took the decaying cesspool that Socialists and Marxist had turned Great Britain into and made it proud, strong and great again.  Barak Obama is exactly one of those “people hating” socialist/environmentalist that she fought against.  Can you image Lady Thatcher saying ‘you didn’t build that’?  Here are a couple of memorable quotes.

“Europe was created by history. America was created by philosophy.”

 “There can be no liberty unless there is economic liberty. “