On October 30, 2008, the Court of Appeals for the Federal Circuit (“CAFC”) handed down its decision in the case of In re Bernard L. Bilski and Rand A. Warsaw (case no. 2007-1130). In this decision the CAFC essentially set aside the State Street Bank case and other precedents, looked back at certain Supreme Court decisions, and held that a process, in order to be patentable subject matter under 35 U.S.C. § 101, must either be (1) tied to a particular machine or apparatus, or (2) physically transform a particular article into a different state or thing.
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