Subject: Re: [Freesw] priorart.org
From: Richard Stallman <rms@gnu.org>
Date: Wed, 16 May 2001 23:53:34 -0600 (MDT)

    I don't see how the no-cooperation view squares with evidence that the PTO has
    been pushed by the Court to expand the scope of things that can be patented.

The CAFC has pushed the expansion in patentable subject matter, but
that is not the issue here--the question of whether certain subject
matter is patentable has nothing to do with prior art.  Prior art
affects the question of whether a given patent or patent application
is new and unobvious.

      Put another way, would not the principle that the enemy of my
    enemy is my friend apply here?

That isn't a principle, just a heuristic.

Our enemies are patent holders.  If they had an enemy, maybe it would
be our friend.  But the PTO is not their enemy, it is their assistant.
It does not quite rubber stamp their patent applications, but it comes
pretty close.