For purposes of 1 - A fail:
The fact that another machine must be built
to interpret the flow - as defined by the Human who interprets it - is still
abstract.
The representation is physical - the Rom and it's structure. But
the fact you have to use the word "interpretation" inherently speaks to
abstract:
The action of explaining the meaning of something: "the
interpretation of a story".
Without the explanation/interpretation the flow
is meaningless. This is no different from someone who has never studied
Egyptian hieroglyphs trying to read them.
The genius lies in the fact
humans figured out a way to build a device that can be used to interpret our
abstract ideas and process the information: The computer!
Remember,
"information" is also abstract!
And no one is arguing the computer is not
patentable subject matter.
For the purposes of 2: A
Fail
The specific purpose machine which is hard-wired can not be changed
by electronic signal and therefore is immune to the abstract concept of
software!
The Supremes have made it quite clear in my humble, non-legal
opinion:
Abstract concepts are not patentable subject matter
Software
is abstract and will exist physically. Your example of the physical does not
alter that.
The physical may very well be built to process a specific
flow of information in a specific way - but then the physical inventions uses
are extraordinarily limited. When you patent it:
You patent the
Device
If you patent the software equivalent, you are no longer patenting
the device, you are patenting the concept of what the device does.
The
underlying exchange patents were supposed to provide is:
Knowledge of the
abstract concepts inherent in an invention in exchange for a limited monopoly on
said invention
By patenting the knowledge, instead of the device you are
breaking the underlying exchange. I can fully understand why abstract concepts
were decided non-patentable subject matter:
Knowledge of an idea belongs to
all and is not limited to the few!
I believe the Supremes said something
very close to that in Mayo vs Prometheus.
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