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Re: Wolfe patent on "assert chains"
On Mon, Jun 2, 2008 at 9:14 AM, Robert Dewar <dewar@adacore.com> wrote:
> Diego Novillo wrote:
>>
>> On Mon, Jun 2, 2008 at 04:49, Steven Bosscher <stevenb.gcc@gmail.com>
>> wrote:
>>
>>> I wonder if GCC's VRP ASSERT_EXPRs would be considered prior art.
>>
>> Even earlier than that. The assertion mechanism in GCC was taken
>> directly from the PLDI'95 Patterson paper.
>
> Does anyone know if inclusion of something in openly available source
> code has been accepted as proper publication for prior art? (it does
> not meet the letter, but it does meet the spirit I would say).
The patent examiners i've spoken with in the past (and their
supervisors) consider publicly available source code to be prior art.
I am too lazy to search federal circuit case law, but my recollection
is that their is a case or two on point here saying it is.
(They read "printed publication" very broadly to include any document
available to the public)