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U.S. Denies Patent on Part-Human Hybrid

jimkski wrote to mention a Boston Globe story involving the refusal of a patent claim on a genetically engineered creature. From the article: "A New York scientist's seven-year effort to win a patent on a laboratory-conceived creature that is part human and part animal ended in failure Friday, closing a historic and somewhat ghoulish chapter in U.S. intellectual property law."

402 comments

  1. Wow - you had me at "US denies patent". by MrRTFM · · Score: 5, Interesting

    Even better, he bascially applied for it, hoping to set a precendent to stop others patenting living creatures.

    Nice to see - my faith in the Patent system has raised slightly from 'completely hopeless' to 'mostly hopeless'

    --
    You can't expect to wield supreme executive power, just because some watery tart threw a sword at you
    1. Re:Wow - you had me at "US denies patent". by LucidBeast · · Score: 5, Insightful

      The article rises an interesting question though. When do we cross over to the unpatentable? If we keep adding human genes to a mouse for what ever purpose, does the mouse eventually cross that line? I'm pretty sure that there are a lot of patented animals that contain human genes. I don't know if there are any that contain many human genes, but I would imagine that for some purposes that would be desirable. Of course there are about 40k genes in humans (last count I remember) so getting to a significant percentage is a long shot.

    2. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 5, Funny

      "Nice to see - my faith in the Patent system has raised slightly from 'completely hopeless' to 'mostly hopeless'"

      Funny, my opinion went from 'harmless' tp 'mostly harmless'.

    3. Re:Wow - you had me at "US denies patent". by PKPerson · · Score: 0, Offtopic

      I for one welcomes our new (*Patented*)Part-Human Hybrid Overlords.

    4. Re:Wow - you had me at "US denies patent". by Nefarious+Wheel · · Score: 3, Insightful
      (slightly off-topic, apologies) I read a short SF story a long time ago about people who had genetically re-engineered pigs so they didn't have a cloven hoof. IIRC The plot revolved around whether the resulting bacon was kosher or not, and whether or not it could be patented, and whether or not a commercial entity could own the only source of a population segment's (newly) preferred food.

      If you think about it, this would be an extraordinarily contentious issue for a major segment of the population.

      This made me wonder -- how much of the controversy about GE foods is based in science, and how much based in culture?

      --
      Do not mock my vision of impractical footwear
    5. Re:Wow - you had me at "US denies patent". by DarkMantle · · Score: 0, Redundant

      Just like Earth, "Mostly Harmless"

      --
      DarkMantle I been bored, so I started a blog.
    6. Re:Wow - you had me at "US denies patent". by budgenator · · Score: 3, Informative

      there are about 40k genes in humans
      I'm not sure that anyone really has any idea how many are truely human genes, how many are advanced primate genes, how many are shared by primates in general. I once remember a study that suggested that humans and gorillas were 98% the same geneticaly. That was before genomics, I still assume we'd find the results of a modern genomic comparisson embarrassing to our human ego's.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    7. Re:Wow - you had me at "US denies patent". by LucidBeast · · Score: 1

      I did some coding in 2001 for bunch of guys who were participating in the genome project and they were guestimating about 75k, but I think the number has come down from that to about 40k. Could propably do a web search, but it wouldn't make much of a difference.

    8. Re:Wow - you had me at "US denies patent". by cpt+kangarooski · · Score: 1
      I believe that's one of Harry Turtledove's short stories. However, it dealt with changing pigs' digestion; their hooves are fine.

      And the LORD spake unto Moses and to Aaron, saying unto them,

      Speak unto the children of Israel, saying, These are the beasts which ye shall eat among all the beasts that are on the earth.

      Whatsoever parteth the hoof, and is clovenfooted, and cheweth the cud, among the beasts, that shall ye eat.

      Nevertheless these shall ye not eat of them that chew the cud, or of them that divide the hoof: ...

      And the swine, though he divide the hoof, and be clovenfooted, yet he cheweth not the cud; he is unclean to you.

      Of their flesh shall ye not eat, and their carcase shall ye not touch; they are unclean to you.
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    9. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 0

      -1, Ruined the Joke

    10. Re:Wow - you had me at "US denies patent". by TykeClone · · Score: 1

      Mmmmm - Pork chops.

      --
      A fine is a tax you pay for doing wrong and a tax is a fine you pay for doing all right.
    11. Re:Wow - you had me at "US denies patent". by myowntrueself · · Score: 1

      So let me get this straight... if one could bio-engineer a pig to 'chew its cud', then it'd be kosher?

      --
      In the free world the media isn't government run; the government is media run.
    12. Re:Wow - you had me at "US denies patent". by quetzalc0atl · · Score: 0, Troll

      Nice to see - my faith in the Patent system has raised slightly from 'completely hopeless' to 'mostly hopeless'

      right - it is nice to see the USPTO as a stooge for someone else pushing their agenda on us, isn't it?

      it is exactly this type of abuse of the patent system that has stifled American ingenuity and allowed for the theft of intellectual property to become an accepted facet of doing business.

    13. Re:Wow - you had me at "US denies patent". by Omniscientist · · Score: 2, Informative

      Genetically, the primate closest to the human being is the chimpanzee, as the genetic difference between man and chimpanzee is only 1.4%.

    14. Re:Wow - you had me at "US denies patent". by HiThere · · Score: 1

      That was the question.

      If you think about it, the answer is certain to be ambiguous... and it might depend on whether the genes for chewing the cud are engineered de-novo, or whether they are transplanted from another animal. (Depending on the precise interpretation of the work that the King James version translates as "gender".)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    15. Re:Wow - you had me at "US denies patent". by Bob+Uhl · · Score: 1, Insightful
      That was before genomics, I still assume we'd find the results of a modern genomic comparisson embarrassing to our human ego's[sic].

      I don't know: show me the ape which has conquered the planet, which has tamed the forces of nature, which thinks, and maybe I'll consider him my equal...

    16. Re:Wow - you had me at "US denies patent". by Gravatron · · Score: 4, Interesting

      What makes you think those things are proof of intellgence? For all you know, the Ape might consider itself intellegent because of the exact opposite reasons.

    17. Re:Wow - you had me at "US denies patent". by xtermin8 · · Score: 1

      part of the problem is the difference between DNA and "gene." A gene is an abstraction. Some human genetic material is actually contained in mitochondria which is passed down from maternal circulatory system and has nothing to do with DNA. Ignore the fools who quote percentages of genetic similarities.

    18. Re:Wow - you had me at "US denies patent". by espressojim · · Score: 1

      You know, you can quote the differences between chimps and humans at the base-by-base level of accuracy by doing chimp-human alignments. And we *can* know (not perfectly, but pretty close) how similar humans and chimps are.

      I use chimp-human differences to predict which allele is the ancestral one when I look at SNP data.

      If you look at say...dbSNP, you'll find downloadable tables of all the differences between humans and chimps. It will not find every difference because of regions of low sequence quality, but it comes close enough.

      I wonder if you work in the field, or just like to say "Ignore the fools"...

    19. Re:Wow - you had me at "US denies patent". by clean_stoner · · Score: 1

      Not that it's important, as your basic arguement holds true, and I'm just being nit-picky, but I believe that humans and chimpanzees are the closest, sharing 97-98% of their DNA (I've seen varying figures) with gorilla's somewhere around 95% percent the same as humans, and orangutan's somewhere below that (still in the nineties).

      --

      Sigs are for the weak.

    20. Re:Wow - you had me at "US denies patent". by demachina · · Score: 3, Insightful

      "I don't know: show me the ape which has conquered the planet, which has tamed the forces of nature, which thinks, and maybe I'll consider him my equal..."

      Maybe you haven't noticed but great apes are for the most part polygamists, nudists, pacifists, vegetarians and environmentalists. Were it not for their insanely destructive, and apparently extremely dumb, homo sapien next of kin they would probably live a relatively idyllic life for eons.

      Unfortunately their insanely destructive, and apparently extremely dumb, Homo Sapien next of kin, are most probably going to wipe them out in a genocidal campaign probably because they are both pacifists and apparently liberals. Not long after that there is a fair chance homo sapiens will turn the entire planet in to an unbearable hell hole, thanks to overpollution, global warming, clear cutting forests, overpopulation, war, starvation, etc.

      "I'll consider him my equal"

      I'm pretty sure the great apes would consider it a pretty serious slap in the face if Homo Sapiens were to be so pretentious as to even suggest they were as good as the great apes.

      --
      @de_machina
    21. Re:Wow - you had me at "US denies patent". by iamacat · · Score: 1

      When do we cross over to the unpatentable?

      Never, as long as we qualify what patents are on. My actual DNA is prior art, and any ownership of it would violate anti-slavery laws. But discovering an exact sequence of aminoacids in computer-readable format for is an enormous task that has obvious benefits to the society and probably can not be done without patent royalties. This is a good use of patents, our problem is Amazon's single click - stuff that requires little work and is disproportionally rewarded. Ditty for generic hybrids.

      The catch is, the patent is on a particular digital representation created from one's DNA, or perhaps on a sequencing method. If some independently creates another digitial representation of the same person's genes, or more likely creates a natural human/human hybrid, they shouldn't have to pay royalties.

    22. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 0

      Actually, Bonobos are slightly closer to humans than chimpanzees genetically, I believe.

    23. Re:Wow - you had me at "US denies patent". by urlgrey · · Score: 1
      My math could be off a bit, but I think this makes the ratio something like:
      4,893,745,635 to 1
      Hey, at least it's not zero rejections anymore! Just think, at this rate, this time in 2014 or so, they might be up to 2.
      --
      Running 'Nix is like owning a Lightsaber. It's "a more elegant weapon for a more civilized time."
    24. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 0

      George Bush (well except for the "thinks" part).

    25. Re:Wow - you had me at "US denies patent". by FinestLittleSpace · · Score: 0, Troll

      You're such an arrogant git. The fact that we HAVE conquered the planet makes us lacking in a certain attribute that a lot of other animals embrace: regard for each other.

      How is it intelligent to go make holocausts, bomb the fuck out of iraqis and take part in ethinic cleansing. How the heck is it 'intelligent' to wipe out environments belonging to every other animal except our own.

      Idiot.

    26. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 0

      Quite right. The patent on the chimera is
      held by an Australian company - didn't you
      ever see MI-2?

    27. Re:Wow - you had me at "US denies patent". by klik · · Score: 1

      if the bonobos still exist. there has been a distinct lack of them in the wild - the locals hunt them for bushmeat.

      --
      open your mind too much and your brain falls out!
    28. Re:Wow - you had me at "US denies patent". by thetroll123 · · Score: 1

      humans and gorillas were 98% the same geneticaly

      Although true, some context is needed... the figure is as high as 85% for mice. 50% for a damn banana!

    29. Re:Wow - you had me at "US denies patent". by C0rinthian · · Score: 1

      Nono, you're thinking of the Dolphins.

    30. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 1, Funny

      I've known people who were twice as smart as a banana.

    31. Re:Wow - you had me at "US denies patent". by Taladar · · Score: 2, Informative

      AFAIK the Bonobo is even closer than the chimpanzee.

    32. Re:Wow - you had me at "US denies patent". by Megamote · · Score: 1

      I've just recieved a patent for masterbation. All you wankers will have to pay royalies or face the penal code.

    33. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 0
      What makes you think those things are proof of intellgence?

      By definition, of course.

    34. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 0
      it is better to use "that", rather than "which", in places where it is better to use "that", rather than "which".

      Let me write that down.

    35. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 0
      I for one welcomes our new (*Patented*)Part-Human Hybrid Overlords.

      Good one! Say, did you hear about that "all your base" thing? It's a hoot!

    36. Re:Wow - you had me at "US denies patent". by grn_lantern · · Score: 1

      I think more importantly ... what levels/colors could we tie to this new "Patent Threat Advisory System" system?

      Completely Hopeless (red)
      Hopeless (orange)
      Pointless (yellow)
      Mostly Harmless (green)
      Harmless (blue)

    37. Re:Wow - you had me at "US denies patent". by Anonymous Coward · · Score: 0

      my thoughts exactly...

      isnt there a law somewhere that forbids the US Patent Office from turning down patent applications??

    38. Re:Wow - you had me at "US denies patent". by halivar · · Score: 1

      What makes you think those things are proof of intellgence? For all you know, the Ape might consider itself intellegent because of the exact opposite reasons.

      True, but everyone knows the true marks of intelligence are opposable thumbs, and a mistaken belief that tuna nets are relly good place to go get food.

    39. Re:Wow - you had me at "US denies patent". by dustmite · · Score: 1

      show me the ape which has conquered the planet, which has tamed the forces of nature, which thinks

      Here.

    40. Re:Wow - you had me at "US denies patent". by Catiline · · Score: 1

      Hey! I thought intelligence was signified by digital wristwatches! Oh, yeah, and deriving happiness from green paper!

    41. Re:Wow - you had me at "US denies patent". by dustmite · · Score: 1

      Seriously though, all apes can think, not just humans, although we are probably better than the other apes. Many other animals can think too. I'm not sure what you meant by that.

      We didn't "descend from apes", we're one type of ape. Just like we don't say tigers "descended from cats", they're just one type of cat.

    42. Re:Wow - you had me at "US denies patent". by xero314 · · Score: 1

      show me the ape which has conquered the planet, which has tamed the forces of nature, which thinks

      I'll do you one better.
      Show me the ape that can create a new form of life (of his own design, not coincidental evolution) and I may consider him mankinds equal.

    43. Re:Wow - you had me at "US denies patent". by marcelwhite74 · · Score: 1

      JUST SAY NO, DR. MOREAU!!!

    44. Re:Wow - you had me at "US denies patent". by cluckshot · · Score: 1

      I thought the sign of intelligence was something like "CIA." Well it says Central Intelligence... anyway.

      --
      Never Politically Correct ~ I prefer the facts If you don't like what I say, get a life, or comment yourself.
    45. Re:Wow - you had me at "US denies patent". by part_of_you · · Score: 1

      Like Microsoft Windows, we are now dependate on someone to tell us how to fix the problem, instead of what the problem is. The problem is right in front of our faces, and we still look for some reason that it's not a problem. ~~~Remember back to the 80's, or even the 90's.~~~ Now, do you remember that mind-frame? Okay, now, there is a guy that's trying to get a patent on a half-man, half-animal. How do we solve this problem of this man getting DENIED patent permission? (Hint: If your name is Dr. Evil, this is the point where you put your pinky finger up to your mouth)

    46. Re:Wow - you had me at "US denies patent". by Lord+Flipper · · Score: 1
      I don't know: show me the ape which has conquered the planet, which has tamed the forces of nature, which thinks, and maybe I'll consider him my equal...

      You're right, at first anyway...you 'don't know'... nice job your 'thinking' did taming 'nature' recently, that tsunami might have hurt somebody without your superiority.Get a fucking clue.

    47. Re:Wow - you had me at "US denies patent". by The_K4 · · Score: 1

      Although in this case it's probably that "All your base pairs".... :)

    48. Re:Wow - you had me at "US denies patent". by ahodgson · · Score: 1

      I don't know: show me the ape which has conquered the planet, which has tamed the forces of nature, which thinks, and maybe I'll consider him my equal...

      We ARE that ape.

      We killed off every other hominid on the way up, so competitors are a little hard to come by right now.

    49. Re:Wow - you had me at "US denies patent". by Jason+Ford · · Score: 2, Interesting

      Great post! It reminded me of a poem from an unknown poet:

      Three monkeys sat in a coconut tree
      Discussing things as they are said to be
      Said one to the others, "Now listen, you two,
      There's a rumor around that can't be true
      That man descended from our noble race
      The very idea is a great disgrace."

      "No monkey has ever deserted his wife
      Starved her babies and ruined her life
      And you've never known a mother monk
      To leave her babies with others to bunk
      Or pass from one on to another
      Till they scarcely knew who is their mother."

      "Here's another thing a monkey won't do
      Go out at night and get in a stew
      Or use a gun or club or knife
      To take some other monkey's life
      Yes, man descended, the ornery cuss
      But, brother, he didn't descend from us."

      --
      I did not become a vegetarian for my health, I did it for the health of the chickens. --Isaac Bashevis Singer
    50. Re:Wow - you had me at "US denies patent". by StormKrow · · Score: 1

      personally I don't think anything that involves tampering with nature should be patentable. Don't misunderstand, I'm not a purist, I'm not against bio-tech and genetic engineering.

      However, I *do* think that there should be some laws in place that would protect the creators of such technology, perhaps some sort of royalty system for X amount of years ,to compensate them for their work, IF and only if the practice is used for commercial applications.

      For example:

      If Merek bio-engineered some corn to produce anti-aging corn products for sale the public, then they would be subjeted to the royalty scheme.

      If Farmer Bob genetically engineered a cow to make chocolate milk, but the milk was only used for personal consumption, then he would not be subject to royalties.

      Think "Open Source" science, in a manner of speaking.

      Scientific break-thrus should not be for the gain of one person or corporation, but should be made available to all. (with some small exceptions).

      --
      Who cares about the ozone layer?...thanks to CFC's I can write my name......IN CHEESE!!!
  2. so you can genetically engineer corn, and pigs by Rooked_One · · Score: 4, Insightful
    and just about anything else thats alive, but not people?

    I'm not looking for a troll here, i'm just smoking some genetically engineered marijuana and it seems like an odd thought.

    1. Re:so you can genetically engineer corn, and pigs by D+iz+a+n+k+Meister · · Score: 3, Informative

      That's not true. You can genetically engineer all the people you like, you just can't hold US patents on any of them.

      --

      He painted a unicorn in outer space. I'm askin' ya, what's it breathin'?
    2. Re:so you can genetically engineer corn, and pigs by GoofyBoy · · Score: 4, Interesting

      From the article they had their reasons, purely legal and not personal/ethical,

      From the article;
      One rationale in the documents sent to Newman is that such a patent would be "inconsistent with the constitutional right to privacy." After all, the office wrote, a patent allows the owner to exclude others from making the claimed invention. If a patent were to be issued on a human, it would conflict with one of the core privacy rights in the Constitution-- a person's right to decide whether and when to procreate.

      Patents on humans also could conflict with the 13th Amendment's prohibition against slavery. That is because a patent permits the owner to exclude others from "using" the invention. Because "use" can mean "employ," officials wrote, a patent holder could prevent a person from being employed by any other -- which "would be tantamount to involuntary servitude."

      Finally, the office noted it is illegal to import products that are made abroad using processes patented in the United States. To show how that could cause a problem in a world in which people are patentable, it gave an example in which a man goes overseas and undergoes one of the many surgical procedures patented by US doctors. Simply by returning to America, the office said, that "surgically altered human" could be guilty of patent infringement for illegally importing himself.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    3. Re:so you can genetically engineer corn, and pigs by wk633 · · Score: 1
    4. Re:so you can genetically engineer corn, and pigs by Anonymous Coward · · Score: 0

      Well in this one nation under God, integration of church and state is the de facto law. Smoking marijuana is an an unwritten right of an America, unless you're black or not paying the appropriate GMO patent fee. Then you get 7 lucky years of sexual harrassment in the "interrogation" chamber (it's true - Rumsfeld said Abu Ghraib "happens all the time" in America) and make new contacts with future crime associates. Raelians will complain that the government is unfairly targetting a religious minority, to which whitehouse will say it's ok - just look at France.

    5. Re:so you can genetically engineer corn, and pigs by Porter+Doran · · Score: 1

      On the contrary, there is a great deal ethical in that explanation. A thing's being legal does not exclude its being ethical. You Modernist chaps can't see the forest for the trees.

    6. Re:so you can genetically engineer corn, and pigs by Antonymous+Flower · · Score: 1

      what about genetically engineered corn with human-like properties and characteristics?

    7. Re:so you can genetically engineer corn, and pigs by Have+Blue · · Score: 1

      Those arguments are only relevant in so far as they obtained the court decision he wanted. This decision has bought time to wrangle out the ethical implications before some entity takes advantage of the confused state of the field to set a bad precedent (a valid patent on a genetically engineered human).

    8. Re:so you can genetically engineer corn, and pigs by Anonymous Coward · · Score: 0

      > "...one of the core privacy rights in the Constitution..."

      That's stupid: there are no privacy rights mentioned in the US Constitution, and ergo no "core" group of the same. There is the 4th Amendement prohibition of search without due process, from which the bizarre notion of "privacy rights" have been created by the Supreme Court.

    9. Re:so you can genetically engineer corn, and pigs by corngrower · · Score: 1

      You mean like ears? We already have corn plants with ears.

    10. Re:so you can genetically engineer corn, and pigs by mysticwhiskey · · Score: 1

      You mean those corn-people that download cornography? Hard corn!

      --

      Stuck down a hole! In the middle of the night! With an owl!

    11. Re:so you can genetically engineer corn, and pigs by Anonymous Coward · · Score: 0

      I like to call the 9th amendment the "Forgoten Amendment" since it's forgoten by so many who seek to penetrate others' lives for fun.

    12. Re:so you can genetically engineer corn, and pigs by sepluv · · Score: 1

      Not only are ethics not excluded from the law, but the purpose of the law is the implementation of ethics (i.e.: law = an ethical code).

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    13. Re:so you can genetically engineer corn, and pigs by IPFreely · · Score: 1
      It could be worse. Someone could hold a patent on an unmodified human gene that exists for real in thousands of people right now.

      The Breast Cancer Gene Patent

      Some people do have patents on human genes. This example is the Canadian patent system, not US, but the problems are similar. I've heard of other cases of patents on human genes found in living people. I don't recall which ones, or whether it was a US patent or other.

      I never believed that someone should be able to have a patent on something discovered in nature. If you invent something, great. But not if you discover something already in existance. And combining two genes discovered in nature to make something that is most likely not in nature is borderline. You can't cut out too much with combination limitations. But if it is too simple a combination, then what effort (other than technical effort) was really involved?

      --
      There is nothing so silly as other peoples traditions, and nothing so sacred as our own.
  3. He would have won.. by EvilCabbage · · Score: 5, Funny

    .. if he'd hired Disneys lawyers.

    1. Re:He would have won.. by Stevyn · · Score: 4, Funny

      That'd be a conflict of interest. They already own patents on talking, human-like animals.

    2. Re:He would have won.. by bastardoperator · · Score: 1

      No they only own the patents on running a micky mouse corperation. Sorry Just had to say it

    3. Re:He would have won.. by AndroidCat · · Score: 1

      Yeah, and there's already too many goofy patents.

      --
      One line blog. I hear that they're called Twitters now.
  4. And its name would be by BoomerSooner · · Score: 3, Funny

    You guessed it, Rush Limbaugh

    1. Re:And its name would be by Anonymous Coward · · Score: 2, Funny

      That's so obvious, it's no longer funny... like saying that it was G. W. Bush (Half-monkey)...

      For humor, you need to say it's somebody who isn't lambasted daily...

      "It's John Kerry (Half rock, half man!)"
      "It's Ahhhnold (Half grope, hald man!)"
      "It's Newt Gingrich (Now you know how he got his name!)"
      "It's Bill Clinton (The walrus genes predispose him to preferring the... husky ladies.)"
      "It's Michael Jackson (He's chamelion, that's why he's changed colors!)"

      Et cetera... see?!?

    2. Re:And its name would be by agentkhaki · · Score: 1

      my thoughts exactly

      --
      Ack!
    3. Re:And its name would be by The+Original+Yama · · Score: 1
      "It's Michael Jackson (He's chamelion, that's why he's changed colors!)"
      I was thinking, "It's Michael Jackson (half ape, half man!)"
    4. Re:And its name would be by Anonymous Coward · · Score: 0

      Its Michael Moore (half Fatty Arbuckle, half Fat Bastard)

  5. How about part tree and part plant? by Eunuch · · Score: 5, Insightful

    Humans are a subset of animals. Get it? It looks the article actually recognizes this, which is refreshing but rare. It's hard to even have a talk about important issues such as consciousness and genetics when we can't get even get passed a basic fact.

    --
    Transcend Humanity. Please.
    1. Re:How about part tree and part plant? by Anonymous Coward · · Score: 0

      The whole idea is that humans are very special, in the sense that it's more likely to be illegal if you kill one, and they also have constitutionally protected rights, such as that to privacy.

    2. Re:How about part tree and part plant? by Moriah+the+Conquerin · · Score: 1

      "Humans are a subset of animals." That is true insofar as we share many of the same physical traits as animals. And why shouldn't we??? We share the same environment with them. However, this is as far as the similarities go. We as humnans possess key characteristics that separate us far from the animal kingdom. INCLUDING THE SO-CALLED PRIMATES. Make no mistake, this has NOTHING to do with religion and everything to do with common sense. Humans possess free-will. We can explore past and future; we can question right from wrong; love from hate. We can plan for the future and learn from our mistakes. We are not governed by instinct as animals are: We can learn an action, govern what we do by that and decide that it is no longer necessary and try something else. NO animal other than the human being can claim any of this. If this were not the case, then there would be similar dialogue being carried out by other species.......which there is not.

    3. Re:How about part tree and part plant? by Anonymous Coward · · Score: 0

      this has NOTHING to do with religion

      Yeah right.
      I'm fine with the fact that the religious create a god with faith, but it annoys me when they try to change facts with faith. Animals cannot love, cannot hate, cannot learn!? Never owned a dog? Get a grip on the reality that exists outside of your fantasy land. Stop twisting the truth to justify your beliefs.

    4. Re:How about part tree and part plant? by Anonymous Coward · · Score: 0

      Agreed to all of that, but also, besides the Dolphin, we're the only species that (routinely) have sex facing eachother, and also just for fun.

    5. Re:How about part tree and part plant? by Ieshan · · Score: 1

      You must be trolling, right?

    6. Re:How about part tree and part plant? by Jugalator · · Score: 2, Insightful

      Humans possess free-will. We can explore past and future; we can question right from wrong; love from hate. We can plan for the future and learn from our mistakes. We are not governed by instinct as animals are: We can learn an action, govern what we do by that and decide that it is no longer necessary and try something else.

      Yes, humans are mammals with a lot of intelligence, relatively speaking.

      So?

      NO animal other than the human being can claim any of this.

      No, other animals are less smart.

      Now, how do intelligence set us apart from other mammals? Last time I looked, however intelligent you are, is no criteria for being a mammal or being "something else", at least as far as us humans have defined it.

      --
      Beware: In C++, your friends can see your privates!
    7. Re:How about part tree and part plant? by Jugalator · · Score: 1

      So dolphins are also humans? :-)
      I knew there was something fishy about these!

      --
      Beware: In C++, your friends can see your privates!
    8. Re:How about part tree and part plant? by bruthasj · · Score: 1

      And by your name, we know that you are a subset of humans. Get it?

    9. Re:How about part tree and part plant? by digitallife · · Score: 1

      Only species to have sex for fun eh? I think I should just ignore this whole thread, as it is obviously full of half-baked responses.

    10. Re:How about part tree and part plant? by Moriah+the+Conquerin · · Score: 1

      The question in all of this is not, and was never, if humans are, or are not, animals. We are animals of the mammal sub-species. The issue here is society defining humans on the same plane as as lower species; yes, I did say lower species. There is a clear danger in this. Because of all the attributes which I outlined that humans possess and which animals of lower species do not, human life must cateogorically be deemed more precious. I am not suggesting in any way cruelty to animals is justified; it is a crime. I am simply saying that the holding of human life as precious and(dare I even say this)divine is essential to perpetuating civilization. Once this construance is set aside and human life is deemed as of lesser value, the door is left open for men to to act in animalistic ways. Take as an example the holocaust of the Nazi era. The Nazis found themselves justified in reckoning an entire race or, for that matter, all other races as being on the same level as lower animals. This they used as justifying genocide and carrying out grotesque scientific experiments on other people they reckoned as different from themselves. Can you possibly see now what 'm getting at????????? Science and indeed civilization as a whole must hold human life in the lofty light which it deserves. However, I fear the opposite is taking place. And that's dangerous.

    11. Re:How about part tree and part plant? by Anonymous Coward · · Score: 0

      Said like someone who has never owned or worked with animals. Lets take, say, my cat (a lower mammal). She posesses free-will, which is to say she decides what to do with herself all day. She explores past and future: One time I was moving furniture and cut off one of her standard escape routes; she almost immediately realized that and figured out another way out. She wasn't trying to get away from anything, she was just planning ahead. She knows that I smack her when she bites me, but sometimes she decides that it's worth it. She has learned and unlearned many things in her life. I've known primates, as well, and they are that much further advanced in all these areas.

      Humans are not very different from other animals. We share physical characteristics because we are closely related (same environment can't account for so many similarities in structure that aren't environmental adaptations. Why do we have an appendix?) Humans have all the same instincts as animals, and are just as much slaves to them (which is to say that both can overcome instinct). There are only two main differences: We are smarter (by a little bit), and we have more advanced communication. There would be more dialogue in other species if they had the capacity to talk.

    12. Re:How about part tree and part plant? by CTachyon · · Score: 1

      Actually, all the things you describe that "set us apart" from other primates also apply to chimps and gorillas, and some also apply to dolphins and the corvidae (crows and ravens). The only thing that sets humans apart is the development of languages rich enough for meta-discussion.

      --
      Range Voting: preference intensity matters
    13. Re:How about part tree and part plant? by drinkypoo · · Score: 1

      This is all just moral wankery. There is a humanistic view that says that man is the most important, and there are other views that say that man is most important with the exception that he should not destroy all he sees. Saying that other animals are "lower" than we are is fine, they have less brain development as far as we can tell, but that doesn't mean that we're either the penultimate genetic achievement nor that we should run rampant all over creation.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    14. Re:How about part tree and part plant? by Lord+Flipper · · Score: 1
      We can plan for the future and learn from our mistakes. We are not governed by instinct as animals are:

      I got a little bad news for ya, pal. All your planning, and decisive activity is nothing but simple strategy to accommodate your instinct-driven nature.

      Nice try at some quasi science in support of self-preservation of your delusions of grandeur, though. ( said 'delusions' being mere extensions of 'self', ergo, the instinct of self-preservation at 'work')

      Next.

    15. Re:How about part tree and part plant? by Tassach · · Score: 1
      Humans possess free-will
      So does my cat. What's your point?

      My knows it's wrong to get up on the kitchen counter -- but she does it anyway, and gives me a guilty look when I bust her for being up there.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    16. Re:How about part tree and part plant? by Moriah+the+Conquerin · · Score: 1

      Not once did I ever imply that creation should be exploited. Due to mankind's more advanced brain development, it falls to us to protect and enhance our environment - That would include the creatures we share this planet with.

    17. Re:How about part tree and part plant? by Moriah+the+Conquerin · · Score: 1

      Oooooooohhhhhh! I touched a nerve there! Listen, when a gorilla or chimp or dolphin writes anything that comes near to a Shakespeare soliloquy I'll fall the pseudo-intellectual crap that passes for science that's floating around our institutions of "higher" learning..pal.

    18. Re:How about part tree and part plant? by Moriah+the+Conquerin · · Score: 1

      Cats possess free-will??? Uh huh, okay, gotcha. I think I'm going to re-think my entire thread. After reading the feedback I'm getting, I'm beginning to think that maybe Nietzsche was right; maybe the human race is regressing.

    19. Re:How about part tree and part plant? by Moriah+the+Conquerin · · Score: 1

      Wow!!! You really know how to defend yourself intellectually, don't you???

    20. Re:How about part tree and part plant? by Moriah+the+Conquerin · · Score: 1

      You make some very good points and, unlike others that have replied, you reason. This is a reply that I sent to someone else. But I think you'd appreciate more the point I'm trying to make. All I'm saying is that there's a very real danger in contruing the human being as nothing more than a highre animal...Here goes: --The question in all of this is not, and was never, if humans are, or are not, animals. We are animals of the mammal sub-species. The issue here is society defining humans on the same plane as as lower species; yes, I did say lower species. There is a clear danger in this. Because of all the attributes which I outlined that humans possess and which animals of lower species do not, human life must cateogorically be deemed more precious. I am not suggesting in any way cruelty to animals is justified; it is a crime. I am simply saying that the holding of human life as precious and(dare I even say this)divine is essential to perpetuating civilization. Once this construance is set aside and human life is deemed as of lesser value, the door is left open for men to to act in animalistic ways. Take as an example the holocaust of the Nazi era. The Nazis found themselves justified in reckoning an entire race or, for that matter, all other races as being on the same level as lower animals. This they used as justifying genocide and carrying out grotesque scientific experiments on other people they reckoned as different from themselves. Can you possibly see now what I'm getting at????????? Science and indeed civilization as a whole must hold human life in the lofty light which it deserves. However, I fear the opposite is taking place. And that's dangerous--

    21. Re:How about part tree and part plant? by cheeser · · Score: 1
      It's hard to even have a talk about important issues such as consciousness and genetics when we can't get even get passed a basic fact.

      /me passes Eunuch a basic fact.

      --

      --
      http://cheeser.blog-city.com

    22. Re:How about part tree and part plant? by bruthasj · · Score: 1

      Yeah!

      So there.

    23. Re:How about part tree and part plant? by Tassach · · Score: 1
      Your definition of free will is knowing the difference between right and wrong and being able to chose between them.

      By that definition, my cat has free will. She knows it's wrong to get up on the kitchen counter, as evidenced by the facts that she doesn't do it when I'm looking and that she jumps down when she hears me coming. Yet, despite this clear evidence that she knows the kitchen counters are taboo, she persists on getting up on them when she thinks she can get away with it.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  6. I'd be happy about this by Anonymous Coward · · Score: 5, Insightful

    But aren't a huge number of the alleles in the human genome patented already? It seems like this was done not because of a reasonable understanding on the part of the patent office that living creatures shouldn't be patentable, but purely because of the grossout factor. That's not a step forward.

    1. Re:I'd be happy about this by Anonymous Coward · · Score: 2, Informative
      But aren't a huge number of the alleles in the human genome patented already? It seems like this was done not because of a reasonable understanding on the part of the patent office that living creatures shouldn't be patentable, but purely because of the grossout factor. That's not a step forward.

      Alleles are not living entitites - they are different versions of a gene.

      As to your second point, the USPTO did oppose the patenting of life forms (of any type). That is why the Chakrabarty case (mentioned in TFA) went all the way up to the Supreme Court. The Supreme Court said, in not so many words, that life forms are patentable using the standard of patent eligible subject matter of "anything under the Sun made by man." After that decision, the USPTO took, and still takes the position on Constitutional grounds, that humans are not patentable. There a huge number of Biotech patents where the claims contain the restriction "a non-human mammal ..." for precisely this reason.

    2. Re:I'd be happy about this by Anonymous Coward · · Score: 2, Insightful

      Alleles are not living entitites - they are different versions of a gene.

      The problem is from my perspective it's roughly the same thing. I may not be patented. However if genes can be patented I am naturally violating patents, continuously, just by virtue of sitting here and having functioning testicles, since I am constantly engaging in acts of meiosis whether I will it or no. I realize this isn't an exactly accurate depiction of how the gene patent process works, but if it's possible for there to be a human who cannot extract part of their body (a dna sequence in specific) and mass reproduce it at will, I don't see this as a significant difference from the human himself being patented.

      This is where the complaint comes in that the patent system hasn't quite thought this through, they're just stopping at the point where the "eww" gets too intense for them.

    3. Re:I'd be happy about this by SmittyTheBold · · Score: 1

      Yeah, about that meiosis: we're going to have to ask you to stop. Do whatever it takes; we can even take care of the "problem" for you with a simple outpatient surgery.

      --
      ± 29 dB
    4. Re:I'd be happy about this by Anonymous Coward · · Score: 0

      Yeah sure whatever. Planned Parenthood already charged me like $500 for that shit and I'm not even sure it worked yet, my last test came back positive.

    5. Re:I'd be happy about this by Dastardly · · Score: 1

      Yeah, about that meiosis: we're going to have to ask you to stop. Do whatever it takes; we can even take care of the "problem" for you with a simple outpatient surgery.

      While the poster specified testicles, many cells in the body divide. Let's take somethign that isn't a gene like a protein that is patented, oh and produced by every cell in the body. I have a simple surgery to stop this patent infringement, and you don't even have to leave your home. Simply, insert scalpel into heart, wiggle it around until you cannot anymore, patent infringement ended.

  7. dare I say it? by ErichTheWebGuy · · Score: 2, Insightful

    Could the USPTO finally be gaining a bit of common sense? Nah, this is more likely because of the republican administration and the likely implication of granting this patent.

    --
    bash: rtfm: command not found
    1. Re:dare I say it? by ConceptJunkie · · Score: 5, Funny

      Nah, this is more likely because of the republican administration and the likely implication of granting this patent.

      What? A bunch of human-monkey hybrids that will certainly vote Democrat?!

      --
      You are in a maze of twisty little passages, all alike.
    2. Re:dare I say it? by Anonymous Coward · · Score: 1, Funny

      Well, seeing as how the IQ of said creature would be far lower than the average human,

      You from the U.S. ? Sometimes the people here really make me wonder if that would be true.

    3. Re:dare I say it? by budgenator · · Score: 5, Insightful

      no I think the implication is that the pressure from the whacko-religious near-terrorist christian extremists would become to much to bear if the governament started patenting human-animal chimeras. It would errode the sacredicity of humanity by forcing them to move from their present all-or-nothing view humans, i.e. that thing god created first to an actual definition that would stand muster in a secular legal scope.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    4. Re:dare I say it? by LilMikey · · Score: 2, Funny

      What? A bunch of human-monkey hybrids that will certainly vote Democrat?!

      Nah, the monkey's vote Republican :)

      --
      LilMikey.com... I'll stop doing it when you sto
    5. Re:dare I say it? by IWannaBeAnAC · · Score: 1

      I hate to say it, but that sounds spot on.

    6. Re:dare I say it? by SnowZero · · Score: 1

      I hate it when the view humans violate the sacredicity of the governament! At least some of the whackos can spell. P.S. According to creationism God created light first; I'm not sure how that stands up in a secular court though. Allegedly He created humans a few days later because He was bored.

    7. Re:dare I say it? by Anonymous Coward · · Score: 0

      ...humans, i.e. that thing god created first...

      You know, I've heard christians say this before, but last time I checked, Genesis said that God created humans last (on the 6th day). Where does the notion that humans were created first come from?

    8. Re:dare I say it? by HanzoSpam · · Score: 2, Interesting

      no I think the implication is that the pressure from the whacko-religious near-terrorist christian extremists would become to much to bear if the governament started patenting human-animal chimeras. It would errode the sacredicity of humanity by forcing them to move from their present all-or-nothing view humans, i.e. that thing god created first to an actual definition that would stand muster in a secular legal scope.

      They'd sure flip if they got wind of an idea from one guy I heard of. He wants to genetically engineer half-human/half-simian sex slaves and market them under the trade names of Bimbonobo and Chimpanion. The day that happens watch the shit really hit the fan.

      ---

      I expect the Religious Right will end up getting steam-rolled over the genetic engineering issue when the average inhabitant of Beijing is 7.5 feet tall, weighs 220 lb. all muscle and has an average IQ of 220. Either that, or Darwin will simply dispatch with them. The mental image of a zoo in Beijing with a specimen of a bible-thumping fundamentalist in a cage labeled "Moral-American Crotch-Monkey" and getting gawked at by a crowd of our hypothetical brilliant, 7.5 foot Beijingers (sp?) is just too funny for words.

      --

      Progressivism: Parasites helping parasites to help themselves - to other people's stuff.
    9. Re:dare I say it? by demachina · · Score: 5, Insightful

      "I expect the Religious Right will end up getting steam-rolled over the genetic engineering issue"

      Well American bible thumpers have a multipart strategy for countering the hordes of 7.5 feet tall Chinese with the 220 IQ:

      - Nuclear weapons, lots of nuclear weapons, so if the good lord wont start the rapture they can give him(or her) a hand with an artificial one. The U.S. government is apparently starting work on two new warhead designs, in defiance of several efforts by Congress to stop it, one really big and one really small. If the Republican's hold power a little while longer its likely we will see them break the global test ban treaty and start firing off nukes again. The test ban will most likely land in the same dumper as the ABM treaty, and the Kyoto accords, and the Geneva conventions on treating prisoners, Geneve conventions on treating civilians in occupied countries, U.S laws against torture, U.S. laws on due process, and of course the Constitution.

      - Missile defense, it probably doesn't work but if it did it would keep the super intelligent Chinese from shooting back

      - Stamp out birth control and abortion. Most religions do everything in their power to maximize population growth to increase the size of their flock, even if it does mean massive overpopulation. The Chinese are, by contrast aggressively trying to control population growth so maybe the bible thumpers, given enough time can out breed and out number them. There will be irony if in the next big war there will be a billion American soldiers, praising Jesus, as they use human waves to overwhelm the tiny Chinese Army, big and intelligent though they may be.

      If the Chinese do all develop 220 IQ's there is a chance they might all become extremely enlightened and liberal. That means they will probably unilaterally disarm, and will be reluctant to start a war.

      In this area low IQ Americans have a huge advantage. They will bankrupt their country buying weapons, and more weapons, and they are willing to use them at a drop of a hat.

      I guess I'm saying is its possible geneticly engineering, super intelligent Chinese might be sitting ducks for low IQ, bigoted, hate filled, bible thumping Americans, who'll push the button in the name of Jesus.

      --
      @de_machina
    10. Re:dare I say it? by ultranova · · Score: 1

      Actually, according to the Bible, what was created first were heaven and earth. Light was made after these.

      What this has to do with secular courts is unclear, unless someone tries to patent light ("method of moving information and energy by disturbances in the electromagnetic field"). Wouldn't really surprise me if someone tried...

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    11. Re:dare I say it? by digitallife · · Score: 1

      Amen!

    12. Re:dare I say it? by Anonymous Coward · · Score: 0

      Sheesh...

      I'm Chinese and even I find this to be nothing but one huge steaming hunk of troll.

    13. Re:dare I say it? by Anonymous Coward · · Score: 0

      I guess I'm saying is its possible geneticly engineering, super intelligent Chinese might be sitting ducks for low IQ, bigoted, hate filled, bible thumping Americans, who'll push the button in the name of Jesus.

      Keep dreaming troll. It must really bother you that America is the only super power in the world. Have a nice life.

      PS- your sig is taken way out of context, but I guess that is what you do if you like to engage if hateful junk politics..

    14. Re:dare I say it? by Anonymous Coward · · Score: 0
      "I guess I'm saying is its possible geneticly engineering, super intelligent Chinese might be sitting ducks for low IQ, bigoted, hate filled, bible thumping Americans, who'll push the button in the name of Jesus."


      It is at once amazing and depressing that this tripe get modded insightful.

      I would ask the author where he gets his bigoted, prejudiced impression of Christians? From television? From the news? Have Christians come to your house to convert you that you have such a low opinion of them? Do you feel the same way about African-Americans? Or gays? You know, every group has small number that reflects poorly on the larger whole. But stereotyping is generally considered to be beneath a thinking person.

      Slashdot puts the lie to that notion.

      Before you call anyone a bigot, look in the mirror.

    15. Re:dare I say it? by ConceptJunkie · · Score: 1

      You know it's funny. I"m always amused at how many people on the left can act so bigoted and narrow-minded despite that being everything they supposedly stand against. It amuses me even more when they fail to see the hypocracy.

      I was making a joke that from the Republican point of view monkey-men would "obviously" vote Democrat, but you and several others took the worst stereotypes of conservative and religious types and are acting like they are unquestionable, unchangeable and ubiquitous.

      Congratulations.

      --
      You are in a maze of twisty little passages, all alike.
    16. Re:dare I say it? by ConceptJunkie · · Score: 1

      It amuses me even more than that that I constantly misspell "hypocrisy".

      Oops.

      --
      You are in a maze of twisty little passages, all alike.
    17. Re:dare I say it? by demachina · · Score: 0

      "I would ask the author where he gets his bigoted, prejudiced impression of Christians?"

      You have a point that it is bigotry on my part to tar all Christians with the same brush and for that I'm sorry. Many Christians are throughly good people, unfortunately many have apparently turned Antichristian and they are the ones who've apparently siezed power in the U.S. If you are writing biting satire its pretty hard to load it up with all the caveats and qualifications.

      In particular, its important to qualify that I think the world of Christians who actually understand the teachings of Christ and live by them, though they seems to be increasingly few and far between. The problem is very few religious sects in the U.S. actually do outside of maybe the Quakers, Amish and Mennonites for example.

      As an example you simply can't be Christian and pro war in Iraq or Vietnam, you especially can't be an actual Christian and be in the military and favor killing people with impunity in anything other than self defense and Iraq is most decidedly not self defense.

      Bottomline is the American right wing and fundementalist Christians are as close to Antichristian as you can get. In fact they do Jesus a grievous disservice hijacking his name for the twisted ideology they practice. First and foremost Jesus forgave and accepted people, he didn't hate, pillory and persecute them for being different. That is the one message most fundementalist Christians completely lost out of the New Testament. It can be a subject of debate if his teachings were entirely pacifist but some of them most decidedly were. At least some of his teachings were decidedly anti greed and wealth accumulation, in fact many sound out right Communist, and again many American Christians are the greediest people you will find.

      The American Catholic church simply can't claim to be followers of Jesus at the same time that they've allowed pedophilia to run rampant through the ranks of the priesthood, with it being either condoned or concealed by their leadership to the point its institutional. Institutional pedophilia is decidedly Antichristian.

      Try tuning in the 700 club or any other Christian network and watch a while, especially Jerry Falwell and Pat Robertson and dispassionately weigh if what they are doing and saying adheres to the teachings of Jesus, especially the non stop efforts to sucker dumb red staters out of money, or the open bigotry against gays, liberals, muslims, or pretty much anyone who isn't a WASP.

      Pay careful attention to politics in America, especially the now daily coverage by the major networks about how the religious right "WON" the election for the Republicans and how its their prerogative to dictate the American political agenda now.

      If you were to take a long historical, objective, look at the history of the Christian church you will see a litany of religious persecution, religious wars, crusades, inquisitions, genocide(especially when they came to the New World), intolerance, etc. The cumulative record suggests Christianity completely lost its way, somewhere between the sermon on the Mount and what it became when it was institutionalized.

      It will be a hard case to study but I'm pretty sure you will find a huge gap between the IQ's of red state, right wing Christians and blue state liberals. I'm pretty sure the election exit polls did show people with advanced degrees overwhelmly rejected the right wing, bible thumping Republicans. It kind of follows that you would need to be a few cans short of a six pack to fall for many of the fundementalist Christian churches in America, reference Jerry Falwell and Pat Robertson again. Not sure George W. actually believes in Christianity, I'm more inclined to think its a convenient and necessary political ruse because he knows those are the people that are going to vote for him no matter how incompetent he his as long as he says God and Jesus in every other sentance. But if he does actually believe he does qualify as being a few cans short of a six pack.

      --
      @de_machina
    18. Re:dare I say it? by demachina · · Score: 1

      Well you should learn to spell hypocrisy because it fits you to a "T".

      Lets hop in the way back machine and look at your post:

      "A bunch of human-monkey hybrids that will certainly vote Democrat?!"

      Well maybe it was a joke or satire and thats they way I took it but now that you are getting all holier than thou it could also be read as the most bigoted statement in this thread. If you want to get holier than though on bigotry this could be read as:

      "human-monkey hybrids are sure to vote Democrat because they are obviously going to have an IQ of 12 and people with an IQ of 12 will vote Democrat"

      or

      "Democrats are pretty much human-monkey hybrids so they will fit right in"

      You want to take it to the next level of bigotry, and the implication is there, you can leap to flagrant racism you can read it as:

      "human-monkey hybrids are sure to vote Democrat, just look at how African Americans vote"

      Sorry man but you asked for it when you moved in to the glass house and started flinging stones. You obviously should have qualified your satire with all kind of politicly correct caveats so no one will misinterpret it and think you are a flaming right wing bigot.

      Biting satire is inevitably pretty hard hitting. You load it up will qualifications and caveats, liberal hand wringing and political correctness you may as well not even attempt it because it will suck.

      I'd like to be all politically correct and enlightened liberal but I'm not really, I'm socially liberal, a live and let live kind of person, but am otherwise arch conservative which is also a live and let live bent.

      I'm live and let live right up to the point its obvious the people in power are trying to dictate to me and everyone else how to live and then its war,

      Todays fundementalists and the New Republican party scare true conservatives MORE than liberals. Not only have they hijacked the name of Jesus but they've totally hijacked and wrecked the meaning of conservative.

      Bottomline is America has reached the point of a cold civil war. The religious right has declared it and unless you want to end up in a fundementalist Christian police state fighting back before its too late is called for. The thing the right would most like for all of their opponents to do is to unilaterally disarm and wallow in liberal hand wringing and political correctness while they take off the gloves, which they obviously already have, and shove their ideaology down the rest of the world's throat at the point of a gun.

      --
      @de_machina
    19. Re:dare I say it? by ConceptJunkie · · Score: 1

      Blah blah blah. I think +5 funny qualifies it as a joke.

      >The religious right has declared it

      What are you, like 12 or something? Do you know anything about American history at all? The religious right are not the people who are trying to dismantle every single element upon which this country was founded and upon which it existed for most of its history.

      I agree that there is a cold civil war, but if you think it was started by the religious right, you are even more clueless than you initially appeared. Quit buying into the "vast right-wing conspiracy" and accept the fact that while our current leadership is not perfect, they are far from the extreme zealots you seem to enjoy making them out to be. You also need to meet some real conservative Christians and quit taking all your cues from Jimmy Swaggert and company.
      But mostly, I think you should quit while you're behind, because you clearly are incapable of nothing but parroting the worst cliches of the left. It's an insult to true liberals, who while I may disagree with them, are thoughtful people of intellect and integrity and, unfortuantely, increasingly rare, as a vacuous form of hateful socialist dogma has claimed more and more of what passes for liberal philosophy in public discourse.

      I would hate to be a liberal today in America, because while the Republican party has not served its conservative base well, the Democratic party has completely abandoned all pretense of being anything but a buch of reactionary cry-babies and sore losers. I think the true liberals are far more out in the woods than the true conservatives. Too bad there is no chance of new parties gaining influence in America, because this could correct the problem.

      --
      You are in a maze of twisty little passages, all alike.
    20. Re:dare I say it? by demachina · · Score: 1

      You're funny.

      "I think +5 funny qualifies it as a joke."

      Heh, so the mods on your post are spot on and the fact mine is +5 insightful is wildly wrong. Either moderation works or it doesn't.

      "What are you, like 12 or something?"

      There is some real intelligent rhetoric. Is that the best you can do? Are you like 12 or something?

      "Do you know anything about American history at all? The religious right are not the people who are trying to dismantle every single element "

      What does history have to do with it, we are talking about current events here?

      Hate to break it to you but I'm an arch fiscal conservative, and social liberal and your attempt to cubbyhole me failed miserably.

      I want my government as small as possible, and I want it to live and let live. Unfortunately the new religious right and the New Republican party is failing as badly, on both counts, as any political movement I've seen in the U.S. in my rather long lifetime which is why, in my book they deserve to get some venom lobbed at them, Lord know they've been dishing it out. Democrats suck too but they seem to be substantially less dangerous than the Republicans, for example Joe McCarthy, Barry Goldwater, Richard Nixon and Watergate, Ronald Reagan and Iran Contra, and of course today George W. Bush seems to be more dangerous than all of them combined, and apparently has all their worst qualities rolled up in to one demented little package. LBJ is the only recent Dem President eve, in the same league for malevolence. Worst thing Clinton did was lie about sex. If I have to pick between the two which currently I do I'll take the Democrat just based on the track record for dangerous nut cases in the Republican party.

      "clearly are incapable of nothing but parroting the worst cliches of the left"

      Now I'm hurt, I'm thinking it was biting, original satire and if nothing else I pushed the boundries, but then I think we've established you are no judge.

      P.S.

      Was just verifying you are a wacko before I added you to my Foes list with rest of the Slashdot wacko hall of fame. Wasn't entirely clear when you started if qualified, since as I said I was willing to believe your first post was a joke, but no you've established since you do seem to be a bone fide wacko.

      --
      @de_machina
    21. Re:dare I say it? by ConceptJunkie · · Score: 1

      What does history have to do with it, we are talking about current events here?

      Yes, clearly you have completely missed my point. No wonder you think I'm a wacko since you seem incapable of piecing anything together.

      Let me state it again.

      Upon what basis do you conclude that the "religious right" has "declared war"?

      The fact that almost every institution of the past two centries in this country are being attempted to be dismantled by deconstructionists, moral relativists and nihilists posing as modern, enlightened thinkers?

      That such a dismantling has coincided with significant declines in the moral and economic well-being of many in this country?

      That the basic building block of society, the family is being systematically attacked, denigrated and choked off by a system of beliefs based on a coreless amoral hubris that elevates hedonism, egotism and entitlement while scorning merit, hard work and accomplishment, and most importantly, the concept of objective truth?

      That there is a large majority of people that do not want an unaccountable, so-called enlightened few to completely redefine the basic building blocks of society?

      There is indeed a cultural cold war in this country. If you consider the history of this country, the ideals and assumptions upon which it was based, and compare that to what is happening now, you will see that along with those bad things that we have cast aside (slavery, for instance), we are also casting aside those principles that no less than the Founding Fathers found to absolutely necessary to the continued existence of our democratic republic. First and foremost among these is a recognition of and reverence to the Creator of the universe.

      Yes, I know, history is irrelevant to you, but to thoughtful people, it is a great source of insight. I'm trying to take your claims of "declaring war" in the context in which they exist. You might sneer at the thoughts of such luminaries as Washington, Jefferson and Madison (although you seem to be the kind of guy who might respect them), but I think they would not recognize the United States as the country they founded. You would probably agree with me on that. But if you compare the visions of religious right and the atheistic left, I think you cannot deny which ideal is closer to that upon which this great nation was formed.

      Oh, I know, Bush has launched an imperialist, pre-emptive war against Iraq. I love the way we have all this cheap oil because of it. That's why he did it, right?

      Yes, I know, the only reason the Muslims attacked us on 9/11 because we continue to interfere in their affairs. We have no business interfering with their aggression and genocide.

      I know that if we all sat down and talked we could come to an agreement that everyone could live with. Except for maybe the Jews that would be driven into the sea. If those idiots hadn't given them their own country in the first place all this wouldn't be a problem. You know those idiots, the U.N.

      I know how evil the Americans are, trying to enforce the demands of an impotent and corrupt United Nations (that screwed up so well trying to give the Jews a break after a third of them were slaughtered), while millions are murdered in the name of the so-called religion of peace. I know how foolish it is to show strength to an enemy that only respects force and called for our destruction for many years. My! How 10th century of us. (And yes, I recognize the irony of criticizing the Muslims for being violent in light of the Crusades, which only happened about 800> years ago.)

      Last time we tried making nice with the bad guys, tanks were rolling across Poland and millions were slaughtered in ovens. But nowadays it's all our fault that a bunch of barbarians are trying to unleash a nuclear holocaust. Isn't it ironic that all the folks (China, Russia, France, the U.N.) who wanted to "work things out" in Iraq were getting kickbacks from the Oil for Food program? Ho

      --
      You are in a maze of twisty little passages, all alike.
    22. Re:dare I say it? by demachina · · Score: 1

      "If that makes me a wacko, then break out the straitjackets."

      Well there is some impressive and dense prose up there but you did wander off the deep end enough times that yea I think it probably does suggest wacko more than statesman.

      You rambled so much, and made some giant leaps where its not even clear what you are talking about exactly and its probably dangerous for me to even try to rebut it but there are few points that probably should be made.

      Only speaking for me personally I don't want nor do I subscribe to either of the two black and white extremes you propose for America.

      Do I want "unaccountable, so-called enlightened few to completely redefine the basic building blocks of society", nope.

      Do I want your basic building blocks to completely dominate life like a straightjacket so that everyone is compelled to exist in a family unit with one man, one woman, 10 children, go to Church, stay married for the duration of your life even if you hate the person you married, essentially to have all the color drained out of life by conformism and the tyranny of the majority, nope.

      You see I want, and I think our founding fathers wanted a country where if you wanted to be a religious fanatic and stay married for life to someone you hate because your beliefs say you can't divorce, and have 10 children you can and no one should ever say you cant.

      But then too the framework they founded suggests that if you choose to not subscribe to a religion or subscribe to one that is abhorred by the majority that is your right too and you should not be discriminated against or persecuted for making that choice. If, for whatever reason, monogomous heterosexual marriage is not suited to your view on life, well that should be your right too, and it is fundementally wrong for people like you to start railing against anyone who chooses to not subscribe to your rigid view of acceptable societal building blocks.

      To summarize I don't have the right to tell you to not follow your religion, nor do you have the right to tell me I must have a religion. If I take action that precludes you from following your religion I'm in the wrong, if you take action to attempt to inflict your religion on me, against my will and in the public square, you are equally in the wrong.

      Our founding fathers established the concept of separation of church and state because many of them fled religious persecution in Europe, persecution that arose precisely because a single religion established itself as the state religion and any citizen of the state that didn't accept that religion would be subjected to both religious and civil persecution.

      The thing most rabid Christians completely don't get is that separation of church and state is something they want as much or more than atheists. Its not there to persecute the religious, and compel them in to atheism, its to prevent a dominant majority religion from entrenching itself in the state and using the state to compel everyone else to conform to their belief system. An unfortunate consequence, that they don't understand, of this separation is it is important to keep religion out of the commons. Religion and family beliefs like sexual preference are personal and private and they should stay personal and private between your family and your church.

      As soon as you start putting the ten commandments or the Koran in a courtroom you are saying to people who aren't Judeo-Christian or Muslim respectively that justice, rather than being blind is looking at you through eyes colored by a religion which is not yours. Instead of impartial justice you've taken the first step in turning justice in to religious persecution.

      Bottomline is the thing the religious right doesn't get is that if we are going to have a free nation where all faiths are respected, and all those of no faith are respected you can't force your belief system on people in the public square. It is wonderful to have a President that has religious belief, but it is his duty

      --
      @de_machina
    23. Re:dare I say it? by ConceptJunkie · · Score: 1

      Well there is some impressive and dense prose up there but you did wander off the deep end enough times that yea I think it probably does suggest wacko more than statesman.

      Thank you. I'd hate to be thought of as a statesman.

      You rambled so much, and made some giant leaps where its not even clear what you are talking about exactly and its probably dangerous for me to even try to rebut it but there are few points that probably should be made.

      Well, this was primarily because I was responding to your largely ad hominem comments about President Bush and Christians. Given that there was nothing specific to respond to, I did in fact ramble quite a bit.


      You see I want, and I think our founding fathers wanted a country where if you wanted to be a religious fanatic and stay married for life to someone you hate because your beliefs say you can't divorce, and have 10 children you can and no one should ever say you cant.


      Not all of us hate our spouses. I for one am totally infatuated with my wife of 12 years. She's my best friend and soulmate. And I only have 4 kids, because we haven't been able to have a fifth.


      But then too the framework they founded suggests that if you choose to not subscribe to a religion or subscribe to one that is abhorred by the majority that is your right too and you should not be discriminated against or persecuted for making that choice. If, for whatever reason, monogomous heterosexual marriage is not suited to your view on life, well that should be your right too, and it is fundementally wrong for people like you to start railing against anyone who chooses to not subscribe to your rigid view of acceptable societal building blocks.


      You do in fact have the right to do what you choose, however, I see no reason to redefine marriage which has been defined constantly in Western society for thousands of years. If precedence is any basis, there's much more reason to accept polygamy, but no one (aside from some Utah nutcakes) is calling for that. However, if gay marriage is ever passed, polygamy, polyandry, group marriage, marriage to siblings and just about anything else cannot be denied. The institution then becomes meaningless, as people will exercise it merely for financial benefit (as opposed to a small minority today).


      To summarize I don't have the right to tell you to not follow your religion, nor do you have the right to tell me I must have a religion. If I take action that precludes you from following your religion I'm in the wrong, if you take action to attempt to inflict your religion on me, against my will and in the public square, you are equally in the wrong.


      Fair enough.


      Our founding fathers established the concept of separation of church and state because many of them fled religious persecution in Europe, persecution that arose precisely because a single religion established itself as the state religion and any citizen of the state that didn't accept that religion would be subjected to both religious and civil persecution.


      Specifically they said that the government would not establish or require a religion. As far as I'm concerned, and on the basis of everything up to about 40 years ago, this has been taken way farther than was ever meant or needed.


      The thing most rabid Christians completely don't get


      I don't know any so I can't say...


      Religion and family beliefs like sexual preference are personal and private and they should stay personal and private between your family and your church.


      Yeah, we don't want to force those Christian morals on others. You know, all that archaic stuff like "You shall not kill." or "You shall not steal." That's so first millenium.


      As soon as you start putting the ten commandments or the Koran in a courtroom you are saying to people who aren't Judeo-Christian or Muslim respectively that justice, rather

      --
      You are in a maze of twisty little passages, all alike.
  8. This averts a great tragedy. by Nova+Express · · Score: 1, Funny
    Namely, a potential revival of Manimal.

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

    1. Re:This averts a great tragedy. by eomnimedia · · Score: 1

      Why was the parent modded as a "Troll?" It was original and funny.

    2. Re:This averts a great tragedy. by zurtle · · Score: 1

      Clearly we have a moderator who loves Manimal.

      --
      Couldn't stand the weather
  9. Inadequate buyoffs by Anonymous Coward · · Score: 5, Insightful

    In other words, he didn't own a multi-billion dollar corporation that could pay off the right people.

  10. Hopefully this will be a tipping point by Anonymous Coward · · Score: 5, Insightful

    A patent application was denied! Wow! That is news!

    1. Re:Hopefully this will be a tipping point by Jeff+DeMaagd · · Score: 3, Interesting

      Patents are denied all the time. What often happens is that the applicants re-apply several times. Part of it is that there was a Congressionally mandated review time (I think three or six months from application) where it must be accepted or denied before the deadline. When the backlog gets to be too much, they just deny a bunch of them. Then those denied re-apply. I think the USPTO gets a part of the application fees too, so more money for them for each re-application.

      This is from a former prof of mine that holds a few patents.

  11. One click buying... by Cycline3 · · Score: 2, Insightful

    If they let Amazon patent one click buying, why not let someone patent this? It's in so many ways more deserving... I mean... patent one click? Who is going to patent double click and triple clicks?

    1. Re:One click buying... by agentkhaki · · Score: 1

      Heh heh heh... who indeed.

      -William G.

      --
      Ack!
    2. Re:One click buying... by Anonymous Coward · · Score: 0

      Impossible.. By its very nature, a double click consists of two single clicks meaning that it will be covered under amazons patent.. Looks like amazon has control of our mice now.. Back to the keyboard i guess (not that i ever left the keyboard)

  12. Good by Anonymous Coward · · Score: 0

    Now I can finally release my chimera into the wild so it can remove Microsoft products from all the computers in the world. It has a special interface which makes it possible to connect to any type of storage and since it knows all filesystems you can imagine what it will do...

    1. Re:Good by mordors9 · · Score: 0, Troll

      Good indeed. Back to the lab Igor... we may begin our work again....

  13. Does precedence matter to the USPTO? by PornMaster · · Score: 3, Insightful

    While there may be issues of precedence in the US legal system, does precedence hold importance in the USPTO, particularly with regard to an "inaction" of not granting a patent?

    1. Re:Does precedence matter to the USPTO? by Anonymous Coward · · Score: 0

      does precedence hold importance in the USPTO

      I am employed at the USPTO, and I can tell you that the answer is most certainly no.

    2. Re:Does precedence matter to the USPTO? by Anonymous Coward · · Score: 0

      i am too,but we can use case law to reject.

    3. Re:Does precedence matter to the USPTO? by Anonymous Coward · · Score: 0

      I would imagine that if it looked like a mouse, and walked like a mouse then it would be a mouse.
      (for the most part)

      Precedence is important when the Boeard of Patent appeals publishes an opinion.

      Has the rejection for a patent for a mouse with human genes been appealed?

      What was the rejection about?

      Was it seen as a product of nature?

    4. Re:Does precedence matter to the USPTO? by mzwaterski · · Score: 1

      A failure to allow a patent is not case-law though. However, it might persuade others are the office to agree.

    5. Re:Does precedence matter to the USPTO? by mavenguy · · Score: 1

      Case law applicability follows a hierarchy of review. A Board affirmance, if not appealed, governs the case; if the Office deems the Board decision important enough it will issue instructions to examiners, in general, to follow, but this is relatively rare. The applicant, of course, can appeal to the US Court of Appeals for the Federal Circuit. If they uphold the Board's decision upholding the Examiner's Final rejection, and they don't deem the case to involve insignificant, the decision will be published and will be controlling case law for the Office.

      The CAFC is the main source of Patent Case law, since few patent cases ever get heard by the US Supreme Court; of course, if the Supremes do speak, then that governs.

    6. Re:Does precedence matter to the USPTO? by Politburo · · Score: 1

      Government Agencies frequently have "precedence" and/or internal guidelines, but from my experience these are subject to change at any time, and should not be considered as strong as laws or regulations.

  14. Great shades of Bladerunner by Anonymous Coward · · Score: 0

    Don't worry -- as soon as a mega-corporation with enough money comes along, it'll happen.

    I wonder if I have to be polite to an patented human life form?

  15. DAMN! by Sophrosyne · · Score: 4, Funny

    There goes my retirement plan!!
    I was going to have some kids, patent them... then collect royalties off them when they have kids...
    That way I could retire with relative ease.

    1. Re:DAMN! by kryptkpr · · Score: 4, Funny

      I shouldn't ask.. but which animal did you plan on having kids with?

      --
      DJ kRYPT's Free MP3s!
    2. Re:DAMN! by ImaLamer · · Score: 1

      I was going to have some kids, patent them... then collect royalties off them when they have kids...

      Actually, I'm pretty sure that they will not have to pay you. Sure, your kids would be your IP but their kids will be a further works which will allow them to seek new patents.

      Right?

    3. Re:DAMN! by Sophrosyne · · Score: 1

      I had it all worked out-- I hired SCO's Lawyers to go through the code.

    4. Re:DAMN! by metlin · · Score: 5, Funny

      That way I could retire with relative ease.

      That's the *worst* pun I've ever heard. :-|

    5. Re:DAMN! by CSG_SurferDude · · Score: 1

      Ohh ohh

      Ouch ouch ouch

      Where's that "+|-5, horrible Pun" mod when I need it?

    6. Re:DAMN! by budgenator · · Score: 1

      dude that's called social security.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    7. Re:DAMN! by Anonymous Coward · · Score: 0

      I shouldn't ask.. but which animal did you plan on having kids with?

      Presumably a goat.

    8. Re:DAMN! by n3tfury · · Score: 0

      what's even more special is that you didn't HEAR anything.

    9. Re:DAMN! by MasonMcD · · Score: 1

      I shouldn't ask.. but which animal did you plan on having kids with?


      The female human variety, of course! Preferably, ones with big boobies. He's read about them before in... uh... magazines.

    10. Re:DAMN! by Anonymous Coward · · Score: 0

      your mom!

    11. Re:DAMN! by Anonymous Coward · · Score: 0

      It is said that older generation should sacrifice themselves to make newer generation live better lives, who then can sacrifice themselves to better their offspring.

      It seems like these days people are becoming more selfish about themselves and even use their offspring for their own betterment.

      No wonder the new generation are becoming more burdened to serve the old generation with taxes and such.

      This is complete reversal of the natural evolution: The dying generation living by the blood of newer generation.

    12. Re:DAMN! by NewOrleansNed · · Score: 1

      We've had that for years. It's called Social Security.

    13. Re:DAMN! by Infinityis · · Score: 1

      Or more importantly to many sex-deprived slashdotters...will the animal be available to others after you're through with it?

    14. Re:DAMN! by Sotogonesu · · Score: 1

      A goat, see?

    15. Re:DAMN! by Hognoxious · · Score: 1
      He's blind and has one of those text-to-voice things, you insensitive clod.

      Well he might have.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    16. Re:DAMN! by Anonymous Coward · · Score: 0

      Isn't that social security ??

  16. This is great news by weave · · Score: 4, Funny
    Now that they didn't get a patent for their creature, it means other people can run out and build their own without having to worry about getting sued. Open source creatures are safe!

    Can't wait to get started on my perfect pet!

    1. Re:This is great news by doorbot.com · · Score: 1

      Open source creatures are safe!

      If it's GPL'd, then any derivative pets would fall under the same license, as long as one parent was GPL'd even though it a modification of the original. So if you sell one of the babies you'll have to include a full print out of the DNA.

    2. Re:This is great news by hashwolf · · Score: 1

      Of course if you'd sell any of those you'd have to distribute with it the source and the GPL.

      Oh, by GPL I mean GNU Pet License.

      --
      - "They misunderestimated me."
  17. Yeah, but... by Anonymous Coward · · Score: 0, Interesting
    "I don't think anyone knows in terms of crude percentages how to differentiate between humans and nonhumans," said John Doll, a deputy commissioner for patents.

    ...speaking as a potential RealDoll owner, I certainly think they should be classified as human. Unless I'm a perverted a*hole who shouldn't have a say in tha matter anyway.

  18. human chimeras should be made illegal by philge · · Score: 2, Interesting

    the probability of virus/pathogen crossing the species barrier is increased enormously by makeing these things. It is madness and should be internationally outlawed.

    1. Re:human chimeras should be made illegal by Anonymous Coward · · Score: 0
      the probability of virus/pathogen crossing the species barrier is increased enormously by makeing these things.

      And you know this how? Your decades of experience with genetic engineering?

    2. Re:human chimeras should be made illegal by philge · · Score: 1

      genetic engineering has nothing to do with this. If you are looking for precendents look at prion disease (mad cow disease), SARS, perhaps aids and other diseases that have crossed species barriers. The closer and longer the proximity the greater the probability of diseases evolving the ability to survive in another species

    3. Re:human chimeras should be made illegal by lifespan · · Score: 0

      no-one can really be sure how he knows.... One thing you can be sure of, though, is that anything posted by Anonymous Coward will be of little to no value ;)

      --
      -- Howto: Get +5 (1) Whine about M$ (2) Namedrop Gentoo (3) Casually Abuse Mods (4) Namedrop Early Computer Model
  19. Slightly raised = (-)+1 by NETHED · · Score: 1

    I'm not sure I can give the patent office any props, they have sunk so far in public opinion that any good press for them is a drop in the bucket of bad press.

    This cannot be lauded as a 'step in the right direction' for the USPO, as that big bohemeth has been going down the wrong road for far too long.

    --
    --sig fault--
    1. Re:Slightly raised = (-)+1 by back_pages · · Score: 3, Interesting
      I'm not sure I can give the patent office any props, they have sunk so far in public opinion that any good press for them is a drop in the bucket of bad press.

      I don't know how to ask this without sounding condescending, so here goes without any tact:

      From the article: In 1987, the patent office announced it would draw the line at humans, but it offered no legal rationale or statutory backing.

      So you see, this position is 18 years old. Also, it is basic knowledge of the patent system (but also implied by the article) that the USPTO doesn't possess ultimate authority to interpret law - that is the role of the judicial system.

      Alternatively, this "activist" didn't even bother to pursue the appeal process, thereby keeping his application OUT of the court system, thereby preventing his "activism" from generating new case law, thereby stopping his heroism short of actually achieving anything but publicity. The USPTO rejected his application based on a stance it took in 1987 - there was no legal basis for the USPTO's stance in 1987 and because this "activist" failed to appeal, there is STILL no legal basis for the USPTO's stance. There is -literally- nothing new in this story. Well, nothing newer than 18 years ago.

      So, I don't want to sound condescending, but there it is. You say, "This cannot be lauded as a 'step in the right direction' for the USPO" [sic], but I can't see how this story has anything newsworthy in it at all. If anything, this is a 'step in the right direction' for the public, for they might become slightly more aware how the Courts are actually in charge of what is or is not patentable, not the USPTO.

      Here's to hoping. Keyword from the article: Chakrabarty.

    2. Re:Slightly raised = (-)+1 by Anonymous Coward · · Score: 0

      Why did you quote a random scientist's name from the article? Not attacking you, I'd just like to know why.

    3. Re:Slightly raised = (-)+1 by back_pages · · Score: 1
      In re Chakrabarty, in reference to the scientist, was a very important case regarding 35 USC 101 and defined that at least some living material or animals were patentable.

      Thanks for asking - I wish more folks were curious.

  20. How come this sounds like... by JoeCommodore · · Score: 2, Funny
    the lead in to one of those B-lot horror flicks:

    "...Now that he has been rebuffed by his community the scientist will turn his discovery towards evil - and unleash his unholy creation on the public to seek revenge!..."

    I can see the SciFi channel picking up the phone to get the rights right now.

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
  21. Haven't they learned yet? by Anonymous Coward · · Score: 0

    In Soviet Russia, part human hybrids patent them!

  22. Family planning by Anonymous Coward · · Score: 0

    My dream of having a Thundercat for a son shall have to wait. Not to mention Cheetara for a wife.

  23. So this means... by allanc · · Score: 1

    So this means I can create my army of half-man, half-shark superwarriors without worrying about IP lawyers?

    Sweet.

    1. Re:So this means... by Anonymous Coward · · Score: 1, Insightful

      Half-man half-shark? Sounds like they ARE the IP lawyers!

    2. Re:So this means... by AndrewRUK · · Score: 2, Funny

      You're saying IP lawyers are part human? Shirley some mistake... ;-)

    3. Re:So this means... by cpt+kangarooski · · Score: 2, Funny

      As an IP lawyer myself, I'd like to confirm that we are indeed a race of half-man half-shark atomic monsters. Cower before us.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  24. good by Robocoastie · · Score: 1

    good now they just need to start denying m$'s stupid patents.

  25. Frightening by Pan+T.+Hose · · Score: 0, Flamebait

    I don't know what is more frightening: a genetically engineered part-human hybrid or the idea that it could be patented... In any case this seems like a very big step for science. The question is: is it a step in the right direction? Do we have a right to play God? The answer seems to be positive, but the unforeseen consequences are unimaginable.

    Will we create Frenkenstein? Will we patent Frenkenstein? Will he have to pay licensing fees for his offspring? Will his descendants have to pay? Will their owners have to pay? Will it mean a race of sub-human slaves? Is it moral to enslave those creatures even if they don't have a soul or consciousness as we know it? If we become Creators or indeed gods does it mean we have an absolute power over our creation?

    These are all fascinating questions. We are lucky to live in the age of such an amazing research. The only problem is that this very research seems to umdermine all of the established moral and ethical systems, not to even mention religion. Only time will tell whether it was wise to play God. Hopefully we will live long enough to discover the answer. Frightening and fascinating perspective.

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
    1. Re:Frightening by GoofyBoy · · Score: 1

      >Will we create Frenkenstein?

      If we have the knowledge, we will. I can't think of one thing that we have the technology and resource to do that we have set as off-limits.

      >Will it mean a race of sub-human slaves?

      No. At least not in the US, due to the 14th Constitutional Amendment.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    2. Re:Frightening by GoofyBoy · · Score: 2, Informative

      Woops. Make that the 13th Constitutional Amendment.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    3. Re:Frightening by willabr · · Score: 0

      I've Read H.G. Wells "The Island of Dr. Moreau" a while back. Seems more topical now! Marlon Brando unavailable for comment.

    4. Re:Frightening by kannibal_klown · · Score: 1
      Will it mean a race of sub-human slaves?


      Unfortunately, not only will big business change the constitution to allow slaves, but they'll make it it illegal for them to marry.

      jk
    5. Re:Frightening by willabr · · Score: 0

      I read H.G.Wells "The Island of Dr. Moreau" a while back. Many of the same moral issues even though it was written so long ago.

      Marlon Brando unavailable for comment

    6. Re:Frightening by cpt+kangarooski · · Score: 2, Informative

      Will we create Frenkenstein?

      It's spelled 'Frankenstein.' It's pronounced 'Fronk-en-steen.'

      And Frankenstein was the doctor who created the creature, not the creature himself.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:Frightening by king-manic · · Score: 5, Funny

      Do we have a right to play God?

      We're not playing god. We're playing "code monkey". The language just happens to be DNA and we're reverse engineering a set of programs doen by a vastly supurior coder... sorta like a VB programmer trying to understand and modify the vi source code.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    8. Re:Frightening by Anonymous Coward · · Score: 0
      It's pronounced 'Fronk-en-steen.'

      Er, no. "EI" in German is pronounced like the "ye" in "rye" or "bye bye". So it would be like "frahnk en styne", with a slight "sh" sound to the "s". ("frahnk" may equal "fronk" depending on where you're from).

    9. Re:Frightening by Zone-MR · · Score: 1

      Do we have the right to play God?

      Sure we do. :)

    10. Re:Frightening by cpt+kangarooski · · Score: 1

      You should go out and rent Young Frankenstein right away.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    11. Re:Frightening by Kehvarl · · Score: 1

      It seems a lot of replies are targetting your statement about playing God. I think a more interesting statement is:
      Is it moral to enslave those creatures even if they don't have a soul or consciousness as we know it?

      First, to answer this question, I need to get somebody to explain a soul in terms that we can agree on. Once we have a good, useful definition of soul, and another of consciousness we'll be able to test the new creatures for soul and consciousness "as we know it". Until that point, however, there's no reasonable method to test for the presence of absence of either attribute. Without a valid method for testing for that attribute, we can just as easily assume all creatures (including humans) have them or don't have them. This, of course, turns the moral and ethical dilemma back on to all existing domesticated species. If it's alright to have cats as pets, why not humans? why not half-human hybrids? what's the difference? if we assume the difference to be the ability to communicate in a reliable manner the belief in one's own self-awareness (not to prove the existance, just to indicate the beliefe that it is there) then the solution is easy: if they can't communicate that in any manner at all, then there's no dilemma.

    12. Re:Frightening by drinkypoo · · Score: 1

      You can delete your programming mistakes. Genetic mistakes are somewhat more graphic.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:Frightening by slasar · · Score: 1

      Do we have a right to play God?
      If it is believed we are made in his image what other role would you suggest?

      Life on this planet has evolved from the decay of the environment we inhabit. Research shows the Earth has endured a variety of life prototype. From the soup of evolution condensed from gravity, blasted by the cosmos and motivated by the Sun, life has developed from a simple free radical into what we have today.

      From a spare oxygen atom to plankton in the seas, through to the dinosaurs and the Origin of Species there have been periods when the 'prototype' was challenged. Comets, pole shifts and ice ages to mention a few, which resulted with a change in the course of history. From the current data, one could surmise that the human prototype could be facing the 'challenge' of the nuclear age.

      The meaning of life is non conclusive, creative development would seem to be the true desire!

  26. Well there go my dreams of financial independence. by BeerSlurpy · · Score: 3, Funny

    I was planning on creating an army of giant half human, half goat warriors that would obey my every command. I would use them in an elaborate plot to rob a bank and hold the UN hostage. Then again, maybe the plan is worth going ahead with even if I cant patent it.

    Still, as long as it isnt part human, your chances of prevailing in the patent office seem pretty good. Which means the giant radioactive bees are definitely good to go.

  27. A victory and a loss for the filer by TimmyDee · · Score: 4, Interesting

    Aside from the fact that this would-be patent dealt with chimeric technologies, this case was a particularly interesting one because the filer, Stuart Newman, sought the patent to block others from creating the technology. By denying him the patent on said terms (that it is too close to a human), he won -- sort of. This means that other companies cannot patent such processes if they "discover" them, but at the same time he cannot block the creation of "chimaera", which was his original purpose.

    At the time he filed the patent, the head of the USPTO held a press conference and stated that he would be denying the patent on ethical terms, ground on which the USPTO is not supposed to tread. In actuality, I've heard that he was under pressure from industry, specifically two companies in the business of chimeric technologies (I can't remember their names, but one is located in MA, I believe). In any case, the fact that he was denied a patent is good -- other people/companies cannot patent similar creations. On the other hand, his loss is bad -- other people/companies can feel free to create chimaeras.

    --
    Per Square Mile, a blog about density
    1. Re:A victory and a loss for the filer by YOU+LIKEWISE+FAIL+IT · · Score: 2, Interesting
      At the time he filed the patent, the head of the USPTO held a press conference and stated that he would be denying the patent on ethical terms, ground on which the USPTO is not supposed to tread.

      Interestingly, in my country, the list of inventions that may be excluded at will from patent protection include those which would interfere with the public order or morality ( AusFTA 17.9 clause 2A ). As this clause applies to both parties in the agreement, it would seem the USPTO now has this freedom as well.

      Regards,
      YLFI
      --
      One god, one market, one truth, one consumer.
    2. Re:A victory and a loss for the filer by cpt+kangarooski · · Score: 2, Interesting

      No, the US used to have a policy of denying immoral inventions patents, but this has ultimately been seen as being a bad idea. IIRC, the current statute requires patents to be issued except where a few narrow conditions crop up, and morality isn't one of them.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:A victory and a loss for the filer by Anonymous Coward · · Score: 1, Insightful

      On the other hand, his loss is bad -- other people/companies can feel free to create chimaeras.

      This is kind of silly. Assuming that creating chimaeras is "bad", why should patent law be the thing to prevent it? That's not the purpose of patent law, and it would only have a limited effect since patents expire.

      If this is a morally unacceptable thing to do, then criminal law should be used to prevent it. That is its purpose, after all.

    4. Re:A victory and a loss for the filer by YOU+LIKEWISE+FAIL+IT · · Score: 1

      Well, all I can say is that the United States and Australia both ratified the agreement, and that's definitely in the text where indicated. Perhaps they're choosing not to exercise that angle.

      --
      One god, one market, one truth, one consumer.
    5. Re:A victory and a loss for the filer by cpt+kangarooski · · Score: 1

      That's probably the answer then -- treaties aren't necessarily self-excuting in the US. Regardless of what the treaty says, with the patent power belonging to Congress as a whole (and not just the Senate), it probably has no force here. If Congress passes a law following up on our treaty obligations, then it counts.

      Patents aren't really my field, so I don't know if they have or not, but AFAIK the situation is as I described it earlier.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  28. what...?? by to_kallon · · Score: 5, Funny

    creature that is part human and part animal
    wow, talk about prior art.....

    --


    The only way to get rid of a temptation is to yield to it.
    -Oscar Wilde
    1. Re:what...?? by Anonymous Coward · · Score: 0

      ghahaha

    2. Re:what...?? by Anonymous Coward · · Score: 0

      Just looking at the url made me bust a gut.

    3. Re:what...?? by Anonymous Coward · · Score: 0

      Somebody could use a bit of talcum powder with a layer of Right Guard...

  29. Not the end of the story by Raul654 · · Score: 4, Informative

    The exact same thing happened in 1980 when someone tried to patent an artificial bacteria. The USPTO rejected the claim, and it went all the way to the Supreme Court in Diamond v. Chakrabarty, where In a 5-to-4 decision, the Court explained that while natural laws, physical phenomena, abstract ideas, or newly discovered minerals are not patentable, a live artificially-engineered microorganism is. So I suspect this is nowhere near over. As a matter of fact, (IANAL), I think the ideas set forth in that case would seem to be on Mr. Newman's side. If the court rules against him, they're going to have to come up with some kind of legal dividing line to explain why artificial bacteria are patentable but artificial humans/humanoids aren't.

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
    1. Re:Not the end of the story by jemfinch · · Score: 1
      If the court rules against him, they're going to have to come up with some kind of legal dividing line to explain why artificial bacteria are patentable but artificial humans/humanoids aren't.

      Given the vast rights afforded to bacteria in the US constitution, I can imagine that such a legal dividing line will be immensely hard to draw.

      Jeremy
  30. This won't affect other stupid patents. by Anonymous Coward · · Score: 2, Informative
    From TFA (emphasis added):

    When US scientist Ananda Chakrabarty applied for the first patent on a living organism, a genetically engineered bacterium able to digest oil spills, the case ended up in the Supreme Court because the patent office did not want to patent life forms. Rifkin had filed the main amicus brief supporting the patent office.

    They lost. In a 5-to-4 decision, the court declared that patents could be issued on "anything under the sun that is made by man."

    The office has obliged, issuing patents on bacteria, yeast, and as of last fall, 436 animals.

    In 1987, the patent office announced it would draw the line at humans, but it offered no legal rationale or statutory backing.


    They didn't deny this patent because it's stupid; they denied it because it's a patent on a human being. So, no, this doesn't set any sort of precedent. Sorry.
    1. Re:This won't affect other stupid patents. by the+eric+conspiracy · · Score: 1

      genetically engineered bacterium

      Actually the Chakrabarty organism was not genetically engineered. It was the result of accelerating the process of natural selection by exposing naturally occuring organisms to supbrates containing PCBs until one was found that could live on PCBs as it's sole food source.

  31. Only if... by Anonymous Coward · · Score: 0

    Only if they do not have laser beams on their heads....

  32. No: Its Al Franken by Anonymous Coward · · Score: 0
  33. Too Late... by evolutionaryLawyer · · Score: 1

    Mouse/Human hybridomas have existed for years. They are chimeric cell lines. We have no had massive increases in cancer researchers (the typical person who uses these) getting the mouse flu (kidding, but you see my point).

    1. Re:Too Late... by Anonymous Coward · · Score: 0

      Not yet anyhow... All it takes is that one mutation and we are toast.

    2. Re:Too Late... by philge · · Score: 2, Informative

      Have you been sneased on,been bitten or handled the fecal material waste of these cultures, all these things happen (with live mice). These cultures are usually kept in conditions designed to minimise the passage of infections so I'm not sure it is afair comparison. It would be interesting to find out if any viruses have crossed the species barrier in the cultures.

    3. Re:Too Late... by YOU+LIKEWISE+FAIL+IT · · Score: 1

      Broadly speaking, this is different from the status quo how?

      --
      One god, one market, one truth, one consumer.
    4. Re:Too Late... by lifespan · · Score: 0

      The species in which the viral infection usually takes place has been blended with another previously incompatible species in a way that would otherwise be impossible in nature. This provides a possible grounds for the virus to evolve to cope with survivial in the body of a previously incompatible species. That is, broadly speaking, how this situation differs from the status quo. -- none so blind as those who won't see

      --
      -- Howto: Get +5 (1) Whine about M$ (2) Namedrop Gentoo (3) Casually Abuse Mods (4) Namedrop Early Computer Model
    5. Re:Too Late... by YOU+LIKEWISE+FAIL+IT · · Score: 1

      The grandparent post said that a single mutation ( a gross simplification, but I see where it's leading ) could lead to some kind of virological catastrophe - but that situation exists today! The existing human viruses could take huge leaps in lethality or virulence as a result of mutations - for example higher powered flu's or airborne variants of existing body fluid transmission viruses.

      --
      One god, one market, one truth, one consumer.
    6. Re:Too Late... by philge · · Score: 1

      viruses are very inefficent. They produce vast numbers in the infected cell but the efficency of infection of even neigbouring cells is pretty low. This is due to a variety of things one of them being the mutation rate is higher. Mutation rate is proportional to genome length (drakes rule) so if you make smaller viruses and there fore more of them the mutation rate goes up so genetic load kills more of them. Say we have a virus living in a mouse. Each mutation is competing with other mutations of the virus to out grow them in the mouse. There may be mutations of the virus that could grow in human but they are selectively neutral in the mouse so their numbers stay small. So to become in fected the you would have to do something like live on a diet of mouse droppings or share needles with a mouse or inject mouse blood regularly. If you grow mouse cells and human cells together then you increase the probability that a mutant virus that has the ability to grow in human cells will actually come into contact with a human cell. Now if you do that in a chimeric animal you are not only starting with the viral population present in the animal but also you can get infections from other animals of both species. So the gene pool is much larger. When you add recombination between pathogens of both species to this mix. I just don't think it is worth it

    7. Re:Too Late... by lifespan · · Score: 0

      The existing human viruses could take huge leaps in lethality or virulence as a result of mutations - for example higher powered flu's or airborne variants of existing body fluid transmission viruses.

      The point was that providing a blended species host could allow a virus that could previously only survive in species A to now survive in species B as well. Not such an unrealistic idea.

      It's probably safe to say that standard evolution, as the parent post describes, will continue.

      --
      -- Howto: Get +5 (1) Whine about M$ (2) Namedrop Gentoo (3) Casually Abuse Mods (4) Namedrop Early Computer Model
  34. Open-Source Furries? by Chrontius · · Score: 1, Funny

    God help us all :)

  35. Prediction by LaCosaNostradamus · · Score: 3, Insightful

    If a corporation attempts to patent much the same thing, it will be granted.

    --
    [You have a stable society when some nut guns down a schoolyard and the law doesn't change.]
    1. Re:Prediction by Anonymous Coward · · Score: 1, Insightful

      It will happen eventually. Just because the patent was denied now does not mean that some corporation will not lobby hard enough to make the patent office change its mind.

  36. Mod that motherfucker up... by EvilCabbage · · Score: 1

    Funnier than dwarf tossing, seven of them even. Seriously though, if a group with enough cash to grease the wheels of progress comes along, this patent would be granted in a bio-engineered heartbeat.

  37. Damn! by Anonymous Coward · · Score: 2, Funny

    Now I can't sue Bill Gates for violating that patent by living.

  38. Just because they denied one patent... by Anonymous Coward · · Score: 0, Flamebait

    doesn't mean they're still not out to destroy us all. The patent scam is part of Bushie's grand scheme to destroy the middle class. When individuals and small companies are no longer allowed to produce products because of the overhead of fighting the old-money patent holders, the middle class will be destroyed. His ultimate goal will have been met. Never for a second think that he doesn't have his sites on your job or your way of life. The patent office is just one piece of the puzzle. Organization is the best tool we have to use in the fight against this. Go to http://www.democraticunderground.com/ to help in the fight against the Bush crime family.

    1. Re:Just because they denied one patent... by Anonymous Coward · · Score: 0

      Dammit, you gave away our location!

  39. dude by Anonymous Coward · · Score: 0

    so what exactly is this creature?

  40. Wow- The frist truely valid patent I have seen by xero314 · · Score: 2, Interesting

    Go figure that the first truely patentable concept to come up, in the news, in a long time has been deined by the US patent office. Mind you a general patent on the idea of creating geneticaly cross breed creatures may be a bit broad for a patent, but hopefully this does not stop specific creations from being pantented.

    Patents should be about things that can actually be done at the time they are patented. So the first person who creates Dog-Man should be able to patent Dog-Man.

    On the other hand, if this means the patent office is actually reviewing patents, and rejecting overly broad patents based on concepts mostly fictitious I'm all for it.

  41. A patent for not-patenting? by moe613 · · Score: 2, Funny

    The scientist should now go Patent the Idea of having something not patented.

    1. Re:A patent for not-patenting? by Anonymous Coward · · Score: 0
      No, think about it - if he patented not having things patented, then all of us would have to patent everything or else we'd be violating his non-patenting patent! Of course that includes the idea of patenting everything to avoid the non-patenting patent, so someone would have to patent that, and then we'd be violating the patenting-everything-to-avoid-the-non-patenting-pa tent patent....

      Is this how the universe ends?

  42. Measure of a Man by porcupine8 · · Score: 2, Funny
    So what happens if the dog-man is sentient, and wants to go on the talk show circuit and publish his life story?

    Does dog-man get royalties, or does the guy who patented dog-man?

    And if they make a dog-man and a dog-woman, could the patent owner sue if they breed?

    --
    Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    1. Re:Measure of a Man by xero314 · · Score: 1, Interesting

      You do not collect patent related royalties for the activities of things you have created. You collect royalties from a patent if someone else violates your patent by creating that thing you have patented (or using that process. etc).

      Now we could go on to talk about license agreements and the buyer of such products. Assuming the patentee is smart and makes sure any purchaser of his product (the ultimate goal of any patent) agrees to an EULA that states the purchaser is unable to use the creation for monitary gain without paying significant royalties, then you could certainly see the patent holder collecting royalties for thier creations actions. Other wise it would probably be like the purchase of a work truck, what you do with it is up to you and you can make monetary gain from it.

      Honestly I'm not going to debate the moralities issues, becasue once man starts creating sentient life morality has to change, being as most (I did not say all) morality is based on regious belief and religion is mostly based around some form of creator god(s), which would be usurped by the fact that humans would now be the creators, and no one one question what a god does with it's creations. Therefor a scientificaly created creature is really know different that any other creation except that it is biological.

    2. Re:Measure of a Man by porcupine8 · · Score: 0, Flamebait
      Wow.

      Just.

      Wow.

      I'm just going to sit here slack-jawed and amazed, and hope that you're in a very, very tiny minority.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    3. Re:Measure of a Man by Anonymous Coward · · Score: 0

      .... you're kidding right

    4. Re:Measure of a Man by aussie_a · · Score: 1

      You collect royalties from a patent if someone else violates your patent by creating that thing you have patented

      What if dog-man procreates without a bitch without the owner's knowledge? What if the owner of the bitch then sells the puppies? She's violating someone elses patent, not through her fault, but the fault of the patent owner (assuming it's patent-owner's dog).

    5. Re:Measure of a Man by FLEB · · Score: 1

      Let's just hope those puppies aren't Roundup Ready.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    6. Re:Measure of a Man by Anonymous Coward · · Score: 0

      Patents are on processes, not things. My guess is that dog people who are breeding use a different process for creating other dog people (i.e., fucking).

    7. Re:Measure of a Man by xero314 · · Score: 1

      That is a very interesting question, and if I had mod points I'd mod it that way. I would assume this would fall under the same laws that would cover a machine capable of creating a copy of it's self. I think this could potential be a patent violation, unless the crossbreeding actually produces a derivative work with enough difference from the original (not sure what the percent is off hand).

      The Question I have to ask is, would we ask the same thing of a Machine capable of creating other patented works that has a bug causing it to do so with out the owner actually directing the machine to do so? Who then has the legal right to the newley created machines

  43. Patent, shmatent. I want my monkey man! by Anonymous Coward · · Score: 0

    nt

  44. Living in a Penthouse by realitybath1 · · Score: 2, Funny

    Can't wait to get started on my perfect pet!

    what are her measurements going to be? :o

  45. Denied because... by vistic · · Score: 1

    ...top-secret US Government agencies had prior art.

  46. Manimal? by Easy2RememberNick · · Score: 2, Funny

    Hey! Was it a Manimal?

    1. Re:Manimal? by Anonymous Coward · · Score: 0

      No, it was a Danimal.

  47. Wow by Unfocused · · Score: 2, Funny

    And here I was thinking patents couldn't be denied. Wonder how long until they try this "deny" thing with the software patents...

    --
    ---- Don't lick something unless you really mean it.
  48. It was Jacko's lawyer - trying to patent Jacko! by Anonymous Coward · · Score: 0
    So, with no patent protection, Mattel is now free to unleash little Michael Jackson clones on the world. They'll be sold at Toys-R-Us as the Bleached Chocolate Fruitcake dolls, right next to the Strawberry Shortcake dolls.

    Lock the elementary schools.

    1. Re:It was Jacko's lawyer - trying to patent Jacko! by Anonymous Coward · · Score: 0

      Bubbles the chimp is filing an appeal.

  49. Chimeras/hybrids already exist guys... by Anonymous Coward · · Score: 0

    It has the body of a man but the brain is a walnut.

    Unfortunately it escaped captivity and managed to get elected as President of the USA.

  50. Encoding oddity by Jay+Carlson · · Score: 1, Informative

    Oh, I love it when big web sites screw up their characters trying to be clever.

    In the second page we see the "word":

    déjÃ

    Off to view source. It shows:

    For Rifkin, the case was déjà vu

    Oops. They meant déjà, and just had to get the snotty accents right. Unfortunately, they fed their UTF-8 text into a web publishing tool that assumed it was ISO Latin 1 or no doubt Win1252. Oops.

    The sequence "0xC3 0xA9" is "é" when interpreted as UTF-8, but you can't escape it like that in HTML. Either put those actual UTF-8 octets into your source and declare the charset when serving it, or put in an HTML character reference to the decoded Unicode codepoint.

    What they should have written was:

    For Rifkin, the case was déjà vu

    giving

    For Rifkin, the case was déjà vu

    1. Re:Encoding oddity by Anonymous Coward · · Score: 0

      This wouldn't be a problem if the rest of the world would just use English.

    2. Re:Encoding oddity by Jay+Carlson · · Score: 2, Funny

      This wouldn't be a problem if the rest of the world would just use English.

      Be careful what you wish for.

      Wait, this is slashdot, where I wish the editors would just use English.

    3. Re:Encoding oddity by Anonymous Coward · · Score: 0

      This wouldn't be a problem if the rest of the world would just use English.

      Canada, Australia, UK, USA, and India are all English speaking nations. Is that enough World for you?

    4. Re:Encoding oddity by Jay+Carlson · · Score: 1

      I'm going to declare moderation victory when my relatively reasonable post gets marked down as flamebait for one joking word, and there's an unmoderated child that says "This wouldn't be a problem if the rest of the world would just use English."

  51. Easier to get the half-goat elected Sec-Gen by Anonymous Coward · · Score: 0
    It'd be a lot easier to get your half-man/half-goat elected the next Secretary General. Then you'd only need one.

    The UN won't be able to tell him apart from the rest of the jackasses running the place.

  52. It has to be said. by mrfantasy · · Score: 1

    God shmod, I want my monkeyman.

    --Bart Simpson

    --

    -- Of course I'm paranoid. I'm a sysadmin.

  53. Sweet. by Solder+Fumes · · Score: 1

    Cat-girls without patent lawsuits! Though it would be kind of fun to try finding the patent number stamp.

    1. Re:Sweet. by nekonoko · · Score: 1

      Open source cat-girls ... sound good to me!

  54. A photograph of the actual hyrbrid by Anonymous Coward · · Score: 3, Funny

    ....can be seen here:

    http://www.histar.com/mornings/starchive/2002/11 /i mages/michael_jackson.jpg

  55. Why it was denied. by ikkonoishi · · Score: 1
  56. Re:It's even harder to talk... by Anonymous Coward · · Score: 1, Interesting

    GP's comment had nothing to do with plant patents. GP was cleverly commenting on the fact that a human is an animal, so something that is part human, part animal is entirely animal. Similarly, a tree is a plant, so something that is part tree and part plant is entirely plant.

    Although if my memory of Peterson's Field Guide to Eastern Forests is correct, a tree is any woody plant that's main stalk is 3" in diameter at chest hight. So while we can distinguish a human as a distinct species of animal, the tree-plant bit is a bit mushy (i.e., a six inch tall oak plant would be a bush, not a tree).

  57. Asshole moderators... by Anonymous Coward · · Score: 0

    Why is it every single damn time someone posts the truth on /., they're moderated downward? Bush's patent scam should be a major concern to every read of slashdot. Instead, we have corporate thug moderators that attempt to sweep it under rug. You can't keep something this big under the rug forever. Keep-up the fight!

    1. Re:Asshole moderators... by Anonymous Coward · · Score: 0

      Perhaps because it's not the truth?

      Maybe you should stop marching to Michael Moore's half-truths long enough to take a look at reality!

  58. Hmm... by UnknownOrigin · · Score: 1

    There's something peculiar about the scientist's name... Newman...

  59. Re:It's even harder to talk... by Anonymous Coward · · Score: 0

    National Audubon Society Field Guide to Trees, Eastern Region, 21st edition, page 11.

    Definition of a Tree: A tree is a woody plant with an erect perennial trunk at least 3 inches in diameter at breast height, a definitely formed crown of foliage, and a height of at least 13 feet. In contrast, a shrub is a small woody plant usually with several perennial stems branching from the base.

  60. Why are we still debating this? by Aeron65432 · · Score: 1

    Why are we creating partially human-creatures? Didn't Frankenstein settle this? I dunno about the rest of slashdot, but I'm creeped out by the whole idea of mixing genes of creatures and humans. And I do NOT want to know how they create them.

    1. Re:Why are we still debating this? by Revek · · Score: 1

      already been done years ago

  61. It's not dead yet!!! by FunWithHeadlines · · Score: 1

    Beware, people! You know how all those horror movies go. Just when you think the hybrid human is dead he comes back to life and terrorizes you!

  62. Was this the right move? by Fussen · · Score: 1

    The patent was denied, yet the research and development already exists.
    I was wonder if this is a 2 sided blade in that since no patent will exist, no entity can exclusively profit from the technology; as well no entity can hold the responsibilty of the technology either.
    I understand that this move is to thwart any malicous or possibly lethal uses of this technology, but is denying a patent of this type the best solution?

    If anybody can give insight on this perspective, it would be greatly appreciated.

    1. Re:Was this the right move? by Anonymous Coward · · Score: 0

      The other alternative is slavery. After all, patents are the property of whoever holds the patent and if you are covered by a patent then that means the company owns you.

  63. sadly, by jpellino · · Score: 1

    this also means the world will have to go on without the next patent in this series, the four-assed monkey...

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  64. does it invalidate humulin by Revek · · Score: 1

    i know its done wonders for people but that bacteria contains human genes. So does this mean that its no longer convered under a patent or do they get to decide based on who filed the patent?

  65. Part human part animal? by Peyna · · Score: 1

    Humans are animals, so what is a "part human part animal"?

    --
    What?
    1. Re:Part human part animal? by the+eric+conspiracy · · Score: 1

      Republican.

    2. Re:Part human part animal? by mickyflynn · · Score: 0

      see here. Everything below man and above the the trees is "animal," in that they lack both little r reason as in the enlightenment ideal, and big R Reason as in Emmerson's essay "Nature." That which is vegitable and mineral having no need for reason in either form, and that which is higher than man being beyond our comprehension anyway, thus it being hubris to attempt to rationalize it.

    3. Re:Part human part animal? by klang · · Score: 1

      The name's Barf. I'm a mog, half man half dog. I'm my own best friend!

  66. I for one by the+eric+conspiracy · · Score: 0

    welcome our new half-man half-whatever overloards!

  67. Re:It's even harder to talk... by Anonymous Coward · · Score: 0

    But how high is "breast height" damnit? A (tree|bush) that is 2" thick 4 feet up is a bush to me, but qualifies as a tree to a midget...

  68. My $0.02 by Anonymous Coward · · Score: 0

    Species, probably including humans, that have been genetically modified from a naturally occuring species should never be patentable. Anyone that can create them, in a lab, or through breeding, should be allowed to do so.

    On the other hand, species that have been built from the ground up would be patentable. Only the patant-holder would have authority to create such species. I admit that this is a long way off, but I'm certain it will happen eventually.

    Think of it as the difference between molding store-bought clay and going outside and digging it up yourself.

  69. No punctuation was harmed in the writing of this.. by hunterx11 · · Score: 1

    Remember kids, the U.S. will never reject a patent, but the U..S will.

    --
    English is easier said than done.
  70. Porn Industry by the+eric+conspiracy · · Score: 3, Interesting

    According to well established history, the first application of this will be the porn industry. So it seems to me that the line between human-human sex and human-animal sex is likely to become quite blurred very soon.

    1. Re:Porn Industry by superpulpsicle · · Score: 1

      Not to be sick, but you know some scientists have already pondered what if John Doe had the lower waist of a horse etc.

    2. Re:Porn Industry by fuzzybunny · · Score: 1

      Well, he wouldn't need the horse's lower waist, just the...er...yeah.

      I can just imagine the pr0n spams now...

      --
      Cole's Law: Thinly sliced cabbage
    3. Re:Porn Industry by Anonymous Coward · · Score: 0

      Yeah, finally! I can't wait to get my own cat-girl sex slave. :p

  71. The best part by cgenman · · Score: 1

    The ad that was served with the article was "That's what I call an everything Bagel" from McDonalds.

    McDonalds. Now with 50% more cannibalism.

  72. That's "U.S" by Anonymous Coward · · Score: 0

    That's "U.S.", you ass.
    The Toy

  73. It's only a matter of time by Anonymous Coward · · Score: 0

    Repeat after me:


    IT'S ONlY A MAttER OF TIME.

  74. Re:Broader Implication: Taking the Profit Out by Anonymous Coward · · Score: 1, Interesting

    This isn't necessarily a troll. It's a bit racist, but AC has a valid opinion, even if it is just that. Please, reinforce your point with some more substantial facts than a link to propaganda sites.

  75. Profoundly Ironic by bratwiz · · Score: 1

    Regardless of your squick-factor over the nature of the research... it is profoundly ironic that the PATENT DEPARTMENT, of all places, is refusing to grant a patent for something that TRULY IS unique and revolutionary WHILE SIMULTANEOUSLY handing out patents like hard-rock candy to every Tom, Dick and Microsoft that comes along with some ridiculous software snippet.

    <blinks eyes in complete amazement>

  76. Politics by Helmholtz · · Score: 1

    So I guess if anyone on capital hill had any value for independenant creative thought, the thousands of senseless software patents would have been denied.

    The pathetic thing about this is it is yet another display of how utterly ignorant the patent office is. They didn't strike this down because of science or law, they struck it down because of politics. It's sadly ironic that the sancticty of almost human life is given more credence than human ideas and creativity, the very things that define our species in the first place.

    --
    RFC2119
  77. What's even scarier? by jhylkema · · Score: 1

    Whether or not he actually invented the thing. I didn't RTFA, but I know there are companies whose business model is to patent shit that hasn't been invented yet. Then, when someone invents it, they walk in and say, "hand it over."

    1. Re:What's even scarier? by Anonymous Coward · · Score: 0

      You're $&*$ clueless. The patent must disclose enablement of the described invention. The scenario you describe is complete fiction.

      This is SO typical of the open source community - spewing invective about things they have no clue about.

  78. oblig Simpsons ref by Ghouki · · Score: 1, Funny


    Bart: How would I go about patenting a half-man, half-monkey-type creature?
    Patent Office Official: I'm sorry, that would be playing God.
    Bart: God shmod! I want my monkey-man!

    --

    insert witty comment here
  79. Somehow... by EnderWiggin99 · · Score: 1
    I beg to differ.
    ...closing a historic and somewhat ghoulish chapter in U..S intellectual property law.
  80. What IS the U..S? It's written like that TWICE.

  81. Pfft (that's the USPTO blowing raspberries) by lpontiac · · Score: 4, Insightful
    the Court explained that while .. abstract ideas .. are not patentable

    Fat lot of fucking good this decision did.

  82. My thoughts exactly by Anonymous Coward · · Score: 0

    Thanks to you, it's now thrice. :)

  83. Re:probably not by Anonymous Coward · · Score: 0

    This patent was for a true human-animal hybrid that would likely be sentient like a human. Humulin is a bacteria that merely has a human gene. I would prefer to see the precedent be that sentient life forms can not be patented.

  84. Ah, yes. But there is always the copyright. by Assassin+bug · · Score: 1

    Maybe it's not the most wize investment (not one I would recommend anyway) but a friend of mine copyrighted, supposedly, any media image of or representing his brother's face. Not for any particular reason other than to "get even" with his brother on something. Interesting?

  85. Prior art. by AJWM · · Score: 2, Funny

    It seems that one Dr. Moreau had prior art. Maybe that's why USPTO refused it.

    --
    -- Alastair
  86. Obligatory Simpsons by Anonymous Coward · · Score: 0

    Krabappel: Any questions?
    Bart: How would I go about creating a half man half ape?
    Krabappel: I'm sorry, that would be playing god.
    Bart: God schmod, I want my monkey-man!

  87. Open Source Mutations by Anonymous Coward · · Score: 0

    The ability to create human/animal hybrids is one which should be allowed to all people, not just to patent holders.

  88. Planet of the Apes? by Orion+Blastar · · Score: 2, Insightful

    Anyone remember that movie? They tried to give Apes human-like abilities by introducing human DNA into them. The Apes, therefore, were ape-human hybirds.

    Now that the patent is denied, nobody will have any reason to make an Ape-Human hybrid that will ultimately take over planets and such in the future.

    --
    Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    1. Re:Planet of the Apes? by WormholeFiend · · Score: 1

      patents just means nobody but the creator profits from it for a finite period of time.

      there may very well be people out there who'll do it just because they can.

    2. Re:Planet of the Apes? by shish · · Score: 1
      Now that the patent is denied, nobody will have any reason to make an Ape-Human hybrid

      So by getting rid of software patents, nobody'll have any reason to make software? Yay software patents \o/

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    3. Re:Planet of the Apes? by Politburo · · Score: 1

      I remember the movie, but I don't remember anything like what you're talking about. Are you referring to one of the sequels, or the remake?

    4. Re:Planet of the Apes? by Orion+Blastar · · Score: 1

      No by getting rid of patents nobody would be able to make a profit off of it due to all the competition.

      Why develop something you cannot profit from? It goes against business plans. The main reason why people are trying to make human hybirds, are to make a profit from them. If the patent is denied, maybe they will stop their research, as when they finish the research, someone else can come along and use their hybird without paying them a penny for it.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    5. Re:Planet of the Apes? by Orion+Blastar · · Score: 1

      Remember Disney, who saw that Mickey Mouse was about to go public domain, so they used loopholes in copyright and trademark laws to renew the rights to Mickey Mouse. This provies that rights are no longer finite, but may even last virtually forever. Walt Disney may be dead, but his creation outlives him and is still owned by the company he formed.

      Yes, most likely the Chinese, who don't obey patents and copyrights anyway, because they think everything is owned by the public. I heard they are very big into genetic research on humans.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    6. Re:Planet of the Apes? by Orion+Blastar · · Score: 1

      I think the remake. They had apes on the space station that they did experiments on. I think it was some sort of genetics research. The apes became intelligent as a result, IIRC.

      It explains how the ape lead revolt in the 21st century in one of the sequels had talking apes that walked upright.

      Apparently Apes are not capable of human speech on their own, only sign language. It may be their vocal chords. Genetic hybirds of apes and humans might give them vocal chords for speech, and allow them to walk upright.

      --
      Remember, Slashdot does not have a -1 disagree moderation, and no, troll, flamebait, and overrated are not substitutes.
    7. Re:Planet of the Apes? by shish · · Score: 1
      No by getting rid of patents nobody would be able to make a profit off of it

      Yes... as said - by your logic, removing patents will destroy *all* research-based business, not just that which you personally object to.

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
  89. Kosher pork by Kafir · · Score: 4, Interesting

    I asked a rabbi about that once. I was working for a catering company in Cleveland that does a lot of Jewish events (weddings, bar mitzvahs, and so on), and the catering company worked with a rabbi who oversaw things to make sure we followed the food laws. So I thought he'd be well qualified to tell me whether a pig-based animal, genetically modified to comply with the Levitical food laws, could be kosher.

    I didn't get an answer, though. I couldn't get him to take the question seriously - he seemed to think that no one would go to the trouble of genetically engineering pigs, just to let Jews eat real bacon - which seems oddly naive, given the lengths people have gone to to get around the commandment against working on the Sabbath.

    There are lots of questions like this, where advances in science have possibilities that aren't clearly covered under millenia-old religious laws - like how a Muslim on the moon (or worse, a rotating space station) would figure out which way to face to pray.

    1. Re:Kosher pork by strelitsa · · Score: 3, Funny
      I have no issues with religious sects eating what they want (or not as the case may be). However, just to be perverse (and to cover both sides of the argument if you will), I do pull out the following Old Testament passage (stolen from an idea by Diane Duane) once in a while then note the reaction.

      Deuteronomy 23:13 And thou shalt have a paddle upon thy weapon; and it shall be, when thou wilt ease thyself abroad, thou shalt dig therewith, and shalt turn back and cover that which cometh from thee ...

      I've been in a lot of churches of all faiths, but have never seen one yet without an indoor privy.

      --
      No mod points, no meta-moderating/Firehose/all the other free work Slashdot wants me to do.
    2. Re:Kosher pork by mattdm · · Score: 2, Informative

      Deuteronomy 23:13 And thou shalt have a paddle upon thy weapon; and it shall be, when thou wilt ease thyself abroad, thou shalt dig therewith, and shalt turn back and cover that which cometh from thee ...

      I've been in a lot of churches of all faiths, but have never seen one yet without an indoor privy.


      Cute, but it only applies to church camps -- look at verse 23:9, which leads into that passage. (Note yours begins with "and".)

      (Not that there aren't plenty of wacky commandments in there.)

    3. Re:Kosher pork by mattdm · · Score: 3, Insightful
      Ooh, there's some really good property law bits in the next part:

      Deuteronomy 23:24: If you enter your neighbor's vineyard, you may eat all the grapes you want, but do not put any in your basket. 25. If you enter your neighbor's grainfield, you may pick kernels with your hands, but you must not put a sickle to his standing grain.

      It's biblical fair use!
    4. Re:Kosher pork by panurge · · Score: 1
      It is an interesting issue. I remember a pupil of mine who discovered that the prawn flavoring in prawn flavored potato chips was in fact artificial and had no connection with prawns at all. He asked his rabbi if it was OK to eat them, the rabbi asked another rabbi, it went to a disputation of a number of rabbis and in the end they concluded that it was not prohibited but eating them should be avoided for fear of misunderstanding by others.

      Having said which, the Jewish tradition is continually evolving and more progressive branches of Judaism seem to think that the prohibition on pork has been obsoleted by better food hygiene and the absence of neighbours who worship pigs. FWIW, there are many ethical and practical worries about genetic modification, but I doubt the production of pigs with closed hooves is high on the agenda.

      --
      Panurge has posted for the last time. Thanks for the positive moderations.
    5. Re:Kosher pork by jackbird · · Score: 1
      Well, pigs are forbidden by name in addition to failing the cud/cloven hooves test.

      And if you want an example of going to great lengths to avoid misunderstanding that's closer to home, chicken is considered meat for the purposes of separation of meat and milk (which is derived from the specific commandment not to cook a kid in its mother's milk). Reason being that someone might think you were eating veal.

      And by the way, all this is right in there with the passages denouncing homosexuality, etc., so why don't the christian fundies who love to cite that stuff keep kosher?

    6. Re:Kosher pork by Mr+Guy · · Score: 1

      I'm going to guess it's because God told Peter that the resurection made unclean foods clean as a preparation into sharing the gospel with gentiles in Acts 10, but there is no equivalent "sodomy is fun" passage.

    7. Re:Kosher pork by Anonymous Coward · · Score: 0

      I don't want to irk Jewish people on /., but that's kinda why the Bible (Old AND New Testaments) is specifically different than all other religious texts by which entire religions are based. The New Testament basically details Jesus' life, work on earth, and how his death abolished the need to follow rules to have eternal salvation. I obviously can't do justice to such a broad topic in this short space, but just remember this point:

      Jesus being both fully human and fully God bridged the gap between humanity (imperfect) and God (perfect) by sacrificing his own human perfect existence (the dual existence of both God and man) to be the conduit through which all of humanity can access God.

      So ultimately, while the "old laws" were certainly valid, useful, and in that time necessary for the Jews to follow to the letter, they're essentially no longer useful. In this day and age, it's only more apparent how the more laws you have, the more quickly they become outdated and useless, AND impossible to follow. Whether you believed what I said above, the point remains that the Biblical text is basically right on in highlighting the ultimate futility in "following the rules." In other words, freedom to be a responsible person with the knowledge you have is far more important, and ultimately more enjoyable, than just following a bunch of rules that perhaps no longer make sense in the society in which you live. Sorry, now I'm just rambling... I'll stop.

    8. Re:Kosher pork by IPFreely · · Score: 1
      he seemed to think that no one would go to the trouble of genetically engineering pigs, just to let Jews eat real bacon

      I don't blame him. Have you ever had turkey sausage? Beef sausage?

      You can do a lot with other meats and a few spices. It will taste close enough that most poeple will not care about the difference. And it's a lot easier and cheaper than GM.

      So it's less of a question of if you can, and more a question of why would you.

      --
      There is nothing so silly as other peoples traditions, and nothing so sacred as our own.
    9. Re:Kosher pork by Anonymous Coward · · Score: 1, Interesting

      thats kind of a cool law.

      It's basically 'No one will go hungry, but don't try make money of other peoples work'

    10. Re:Kosher pork by LazyBoy · · Score: 1

      "The R Strain", a sf story by Harry Turtledove, dealt with just this.

      --

      If Chaos Theory has taught us anything, it's that we must kill all the butterflies.

    11. Re:Kosher pork by i2878 · · Score: 1
      Thank you for responding to the parent with the appropriate tone, humor, and bite which was needed without moving to the excessive soap-boxing to which I might be tempted.

      Best I can do without mod points today.

      --
      legal. fun. profitable. pick two.
  90. WOW the USPTO *denied* a patent?? by borgheron · · Score: 1

    Will wonders never cease??

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  91. between man and chimpanzee is only 1.4% by xtermin8 · · Score: 5, Informative

    That figure is out of context. There is a 1.4% difference in DNA. Genes are an abstraction of inheritable traits. Without knowing specifically which combinations of of DNA sequences produce specific inheritable traits, there is no way to calculate percentages.

  92. Hybrid? by Anonymous Coward · · Score: 0

    Totally understandable, infringements on the patents of the Toyota Prius would have been unavoidable...

  93. Ants, Bees and Beatles by xtermin8 · · Score: 3, Funny

    For "conquering the planet" and "taming the forces of nature" I'd say the ants have far surpassed us. For sheer biomass and diversity, check out the info on beatles. We definitely have it all over the other primates, though. Humans rock!

    1. Re:Ants, Bees and Beatles by glib909 · · Score: 1

      Yes, I'm sure the mass sum all of the Beatles' published material would be a lot. This hypohesis may also hold for the total biomass of beetles, too. :P

      --
      Suudsu, that stuff is G-E-W-D.
    2. Re:Ants, Bees and Beatles by Anonymous Coward · · Score: 0

      If by "published material" you mean "genetic replication." You are correct. The parent (to your post, gp to mine) is making a point that you're not getting. We love to call ourselves important (and WTF is "taming nature"--go to Sri Lanka to see some awesomely tamed nature) and more intelligent and more important, but the criteria we always use are the criteria that we *think* makes us more important--like extent of coverage over the planet. Ants and beetles have got us beat in that department.

    3. Re:Ants, Bees and Beatles by cbiltcliffe · · Score: 1
      The parent (to your post, gp to mine) is making a point that you're not getting.
      No, the parent to your post made a point that you missed by several light years.

      The beetle, as in, the little black things that scurry around in the dirt, have a huge biomass, which is what the OP meant.
      He spelled it incorrectly, though, as "beatles". As in, "The Beatles"....John, Paul, George, and Ringo....you know? Arguably one of the most successful rock bands of all time? Probably the most published music of any band, ever?
      That's it. I'm done explaining jokes to people who just dont get it......
      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    4. Re:Ants, Bees and Beatles by Eric+Savage · · Score: 1

      The Beatles biomass and diversity has seen a marked decrease in the last 20 years.

      --

      This is not the greatest sig in the world, this is just a tribute.
    5. Re:Ants, Bees and Beatles by glib909 · · Score: 1

      No, by "published material" I mean "vinyl and 8-track replication."

      And, whether or not the Beatles are more important than the Monkees I suppose is a matter of philosophical criteria.

      --
      Suudsu, that stuff is G-E-W-D.
    6. Re:Ants, Bees and Beatles by jericho4.0 · · Score: 1
      The parent (to your post, gp to mine) is making a joke that you're not getting.

      --
      "A language that doesn't affect the way you think about programming, is not worth knowing" - Alan Perlis
    7. Re:Ants, Bees and Beatles by JFitzsimmons · · Score: 1

      That "pop" you heard earlier was that joke going over your head at mach 3.

      --
      Beware he who would deny you access to information, for in his heart he dreams himself your master. -Anonymous
  94. Re:Broader Implication: Taking the Profit Out by laughingcoyote · · Score: 1

    Yes, but this idiot has to hijack every discussion posted with this crap. It's about time he gets nailed for trolling, that's exactly what he's doing.

    --
    To fight the war on terror, stop being afraid.
  95. Ok, so... by Edward+Teach · · Score: 1

    Bill Gates cannot be patented...move along, nothing to see here.

    --

    Setting his threshold to 5, Sparky eliminated most of the trolls on /.

  96. I'm confused.... by Anonymous Coward · · Score: 0

    Does this mean I can still make my Flying Monkeys, or not?

  97. I like to say ignore the fools by xtermin8 · · Score: 1

    Actually I'm in Psychology! Years ago sociobiology was really exciting field for me, but I've moved on. Are you spouting terms like "dbSNP" to impress me?- There are lie, damed lies, and statistics...

    1. Re:I like to say ignore the fools by Anonymous Coward · · Score: 0

      I take it that english is not your native tongue.

    2. Re:I like to say ignore the fools by espressojim · · Score: 1

      I can you like to argue a fact until someone refutes it, then hide behind your own ignorance.

      Way to go!

      For your information, dbSNP is a database of human variation. If you went there, you could look up exactly how different we are from chimps - which was the original conversation.

      And, for your information, I'm a biologist/bioinformaticist. So I may have a slight idea of what I'm talking about - just like you might know more than I do about Psychology. Though, your understanding of the scientific method may be lacking...

  98. Comment removed by account_deleted · · Score: 2, Interesting

    Comment removed based on user account deletion

  99. Switch to decaf by Anonymous Coward · · Score: 0

    Trace alleles to your heart's content, you still won't be finding human "genes" You must be a programmer doing DNA sequencing, no self-respecting biologist would equate DNA sequencing with inheritable traits. (genes)

  100. Metal plate on Ballenco's mouth-not?! by Anonymous Coward · · Score: 0

    Damn, what do I do with the thousands of human-rat gags I just ordered?

  101. anyone else think of fullmetal alchemist by snotclot · · Score: 1

    nina...!

    1. Re:anyone else think of fullmetal alchemist by Eatmorecake · · Score: 1

      WHAT!?!?!?! WHO ARE YOU CALLING THE SIZE OF A PEANUT, who is so SMALL that he can't reach very high at all?????? WHAT WHAT WHAT???

      --
      Don't you mean.. BIZZARO! ..Signature?
  102. So the guy is a total failure.... by Eatmorecake · · Score: 1

    Considering the fact that there already are several hundred patents on living things, his 'precedent' is no more than an example general wasting of perfectly good time that could have been re-inventing the chia-pet, or its theme song... Besides, I had to say something, considering my signature....

    --
    Don't you mean.. BIZZARO! ..Signature?
  103. Why is that good? by ooze · · Score: 1

    We all know that patents stifle innovation and progress. Now that it isn't patented we will see immense progress and competition in the area, since noone has to fear a lawsuit from this side.

    --
    Just because I can imagine doing a hippopotamus, doesn't mean I'd like to do it.
  104. Re:It's even harder to talk... by Anonymous Coward · · Score: 0

    They mean the size of a fully grown tree.

    When talking about the average size of anything in a species, we look at the fully developed form, and do not include the growing stages.

  105. Horrid! by Anonymous Coward · · Score: 0

    I pissed at the look of the creature... definitely not for the faint of heart!

  106. Patent refused because Microsoft... by Col+Bat+Guano · · Score: 1

    already holds one for the Monkey boy Steve Ballmer!

  107. Any geek/patent type lawyers out there? by KontinMonet · · Score: 1

    Finally, the office noted it is illegal to import products that are made abroad using processes patented in the United States.

    Is this true? If I write a s/w product that includes, say, stuff patented by IBM (arithmetic coding) and M$ ('ISNOT'), is importing said s/w illegal? Arithmetic coding is a process to (amongst other things) compress data.
    I would understand it would be illegal if I had not licensed the patents. If it legal to import products made using licensed patents then, surely, you can import Monkey Man.

    --
    Did he inhale?
    1. Re:Any geek/patent type lawyers out there? by Eatmorecake · · Score: 1

      Patents are supposed to be researched EVERY time someone applies. The problem is that they never are. I found one at the U.S. Patent website once for a round object, with a stick through the middle, designed for 'reducing friction while rolling' Yes, a patent on the wheel. I posted it somewhere and got an e-mail that it had been removed. Nowadays the USPO is basically just a recepticle to later prove that "I got there first" Depending on how good your lawyer is, and how specific a patent you make, you can later make your patent actually worth the paper it is printed on by involving yourself in a lawsuit regarding that patent. Until that time, you'll never know if the patent will stick.... Has Heston even recieved a fair trial from the Monkey Men? Can monkeys get patents on themselves with monkey genes removed to make us?

      --
      Don't you mean.. BIZZARO! ..Signature?
  108. old news by Avishalom · · Score: 1

    ...
    "No, Bart, that would be playing God"
    "God Schmod, I want my monkey-man"

  109. But you don't know the whole story by tod_miller · · Score: 1

    Microsoft reared their ugly head even in this field, they realised that if anyone patented half-human half-animal freaks, then they might have to pay royalties for Steve Balmer!

    Microsoft, bringing you dancing men with sweaty bouncing breasts since 1975.

    --
    #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  110. But you have to remember by camcloud1 · · Score: 0

    that they wouldn't bother patenting something that hadn't already been tried and tested (read:created) already in the lab.

  111. Cartoon Creation by slasar · · Score: 1

    ...Similarly, mice that contain up to 1 percent human brain cells in their skulls are clearly mice, said Stanford University biologist Irving Weissman, one of the scientists who helped make hybrid rodents. The tricky part, all agree, is what to do with the middle ground. Weissman and others, for example, have talked about their desire to produce mice whose brains are composed entirely of human cells.
    Pinky and the Brain Brain Brain Brain.......lol

  112. At what point.... (?) by Wiseazz · · Score: 2, Insightful

    From the article: "At what point is something too human to patent?"

    Interesting question, but not easy to answer. A related question would be: at what point does a collection of cells become a human being and legal citizen with rights, etc. I think if we could answer that to everyone's satisfaction (or most everyone), then the author's question would also be satisfied. What does it mean to be human, and how closely do we guard nature's original design against scientific advances, personal liberties (abortion, made-to-order children...), etc.? Just questions to answer questions, I know... someone smarter than me can figure it out.

    And by introducing abortion-related musings into the conversation, please allow me to apologize for bringing us that much closer to invoking Godwin (as abortion discussions almost always spiral downwards) In my defense, the issue *does* raise similiar concerns/issues/questions.

    --
    My sig sucks.
  113. Time to patent myself... by Anonymous Coward · · Score: 0

    What better way to protect IP rights for my unique and non-obvious functions? It's *my* genetic code, and anyone who wants to use it will have to pay a substantial licensing fee.

    Well, okay, maybe my parents should get the money. They were the inventors.

  114. Rosencrantz and Guildenstern are dead by Anonymous Coward · · Score: 0
    "What a piece of work is man! How noble in reason! how infinite in faculties! in form and moving, how express and admirable! in action how like an angel! in apprehension, how like a god! the beauty of the world! the paragon of animals! And yet, to me, what is this quintessence of dust? Man delights not me; no, nor woman neither, though by your smiling you seem to say so." Hamlet (II, ii, 115-117)
  115. A Victory...of sorts... by sepluv · · Score: 1
    Yes, OK, one patent on a human being has been dropped by the USPTO on the grounds that it breaks the US constitution--obviously the guy didn't profer the necessary bribes.

    However, even if this sticks, one is still allowed to genetically engineer humans in the US, human genes are still copyrightable in the US, human *genes* are still *patentable* in the US (and many patents on them have been issued) which is effectively the same thing as patenting the actual human (and the same objections should be true), and one is allowed to patent non-human organisms in the US (so if I let my GM crops contaminate your land/crops, I can then sue you into the ground for patent and copyright infringement--uhhh, isn't that the wrong way round).

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  116. Re:Muslims on the moon by rbanffy · · Score: 1

    Well. It shouldn't be very hard do build an inclined platform on the moon pointing more or less to Mecca. As far as you avoid the more "central" regions of the Moon (as seen from Earth), the platform would not even have to be be very inclined. If you consider than, on Earth, muslims miss Mecca's real direction by pointing horizontally (since the Earth is round, people should pray "down" most of the time), you could safely discard the inclined platform and just pray toward the same direction (which, on the Moon, is mostly always the same)

    Other planets or moons would, of course, be a little more trouble, but I think that pointing to Earth would be just fine.

    And prayer is usually more about intention than proper execution. I am sure any God out there, not only Allah, would appreciate any reasonable efforts made to pray correctly.

    But wait... What will happen when, in a couple billion years, the Sun either swallows or blows up and vaporizes Earth?

  117. Zonk wins best from dept. title of the year award by lightPhoenix · · Score: 1

    Zonk wins best from dept. title of the year award, at least if it can be mine to decide.

    I'm actually trying to get a game of it started right now, such a delightful little system even if it's Palladium.

    --
    http://www.somethingpositive.net Funny + bitter = comedy gold
  118. Mod Parent "Insightful" by Upaut · · Score: 1

    This is quite a nice analogy. Genetic engineering at the moment is similar to 'cutting and pasting' pre-existing code, and 'hardcoding'. True genetic engineering will be when synthetic biology will be fleshed out. Then the field of genetics and the field of programming will be remarcably simmilar.

    --
    3 degrees of separation from Vladimir Putin
  119. House of pain. by Anonymous Coward · · Score: 0

    Wow. Dr Moreau's House of pain wasn't on an island after all. It was in upstate New York the whole time. Who knew?

  120. OT: Dead Patent-Law Sketch (Part 1) by sepluv · · Score: 1

    Here's something I wrote the other day:

    The Cast:

    • Mr. Gates
    • A European Commissioner
    The Sketch

    A `customer' (with brown envelopes and chequebook aready) enters the €C in Brussels.

    Mr. Gates: 'Ello, I wish to register a complaint.

    (The commisioner does not respond.)

    Mr. Gates: 'Ello, Miss?

    Commissioner: What do you mean "miss"?

    Mr. Gates: I'm sorry, I have a cold. I wish to make a complaint!

    Commissioner: We're closin' for lunch.

    Mr. Gates: Never mind that, my lad. I wish to complain about this patent law what I purchased not two years ago from this very office.

    Commissioner: Oh yes, the, uh, the computer-implemented inventions one...What's, uh...What's wrong with it?

    Mr. Gates: I'll tell you what's wrong with it, my lad. 'E's dead, that's what's wrong with it!

    Commissioner: No, no, 'e's uh,...he's resting.

    Mr. Gates: Look, matey, I know a dead patent law when I see one, and I'm looking at one right now.

    Commissioner: No no he's not dead, he's, he's restin'! Remarkable law, idn'it, ay? Beautiful sophistory and ambiguity!

    Mr. Gates: The anbiguity don't enter into it. It's stone dead.

    Commissioner: Nononono, no, no! 'E's resting!

    Mr. Gates: All right then, if he's restin', I'll wake him up!

    ...

    Mr. Gates: You let the European Parliament kill 'im, didn't you!

    Commissioner: I never!!

    Mr. Gates: Yes, you did!

    Commissioner: I never, never did anything...

    (Mr. Gates takes patent law out of briefcase and thumps it on the desk. Throws it up in the air and watches it plummet to the floor.)

    contd...(due to limit on post size)

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  121. OT: Dead Patent-Law Sketch (Part 2) by sepluv · · Score: 1

    The Sketch (contd...)

    Mr. Gates: Now that's what I call a dead patent law. The JURI is no longer out on that patent law...its most definitely deceased.

    Commissioner: No, no.....No, 'e's stunned!

    Mr. Gates: STUNNED?!?

    Commissioner: Yeah! 'E was stunned by all the public backlash! Patent laws stun easily, major.

    Mr. Gates: Um...now look...now look, mate, I've definitely 'ad enough of this. That patent law is definitely deceased, and when I purchased it not two years ago, you assured me that its total lack of movement was due to it bein' tired and shagged out following prolonged internal diplomacy.

    Commissioner: Well...uhhh...we prefer to do things dead slow and sure like in the EU!

    Mr. Gates: Well...the dead bit is most certainly right. Look, why did it fall flat on his back the moment I got home last time? I never had these problems with Congress...

    Commissioner:Remarkable patent law, id'nit, squire? Lovely contradictions and those beautiful convoluted sentences!

    Mr. Gates: Look, I took the liberty of examining that patent law when I got it home, and I discovered the only reason that it had got as far as it had in the first place was that no one had actually READ it.

    (pause)

    Commissioner: Well, o'course they don't! They're not payed enough for that...at least they are, but we pay 'em NOT to read 'em. That's the trick, you see. Trust me...that patent law will fly straight through as an A-item in the fisheries committee...just like...a parrot, sir...you know parrots love a bit of fish...the great thing is, sir, that the ministers and MEPs avoid it like the plague on account of it stinkin' to 'igh 'eaven...

    Mr. Gates: Never find how 'igh your damn committee stinks, this patent law wouldn't fly through your committee if you put four million volts through every minister present! 'E's bleedin' demised!

    Commissioner: No no! 'E's just a li'l slow!

    Mr. Gates: 'E's not slow! 'E's passed on! This patent law is no more! He has ceased to be! 'E's expired and gone to meet 'is maker! 'E's a stiff! Bereft of life, 'e rests in peace! 'E's pushing up the daisies! 'Is metabolic processes are now 'istory! 'E's off the twig! 'E's kicked thebucket, 'e's shuffled off 'is mortal coil, run down the curtain and joined the bleedin' choir invisibile!! THIS IS AN EX-PATENT LAW!!

    (pause)

    Commissioner: Well, I'd better replace it, then. (he takes a quick peek round the back) Sorry squire, I've had a look 'round the back , and uh, we're right out of patent laws.

    Mr. Gates: I see. I see, I get the picture.

    Commissioner: I got a HIPC initiative. Uhhh...your good...ummm...friend, Mr. Brown had this idea you see but he hasn't got the means...

    (pause)

    Mr. Gates: (sweetly) Pray, will it take out my competitors?

    Commissioner: Nnnnot really.

    Mr. Gates: WELL IT'S HARDLY A BLOODY REPLACEMENT, IS IT?!!???!!?

    Commissioner: N-no, I guess not. (gets ashamed, looks at his feet)

    Mr. Gates: Well.

    (pause)

    Commissioner: (quietly) You know I thought that uhhh...spread in Teen Beat was rather good...uhhh...D'you.... d'you want to come back to my place?

    Mr. Gates: (looks around) Yeah, all right, sure.

    Copyright

    The original dead parrot sketch was written by Graham Chapman, et. al. for Monty Python's Flying Circus and is © 1989 Pantheon Books/Random House, Inc. My modification of it is co

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  122. Re:Well there go my dreams of financial independen by JaffaKREE · · Score: 1

    You know, there are probably better choices then a goat for this sort of task. People and their goat fetishes...

  123. The sad thing is that this judgement makes... by cwestpha · · Score: 1

    The sad thing is that this makes the US Losers in the patent and genetics department. Chimeras are going to be made and I dont think there is a way to stop it. Like the rest of genetic manipulation, cell research, ect we need to regulate it not just put a stamp of disproval over everything. Already the USA is falling behind in telcom, content distribution (thanks a lot MPAA and RIAA), internet technology deployment, and a number of other areas. Bottom line is the USA is suffering from a self emposed brain drain at many levels (especialy the government). Soon the only thing left we will have is our need for resources and military strength. Ya know, kinda like in Ghost in the Shell: Standalone Complex.

  124. Its no mistake... by BayBlade · · Score: 1

    ...and stop calling me Shirley

    --

    The key difference between a Programmer and a Senior Programmer is that one of them is Mexican.

  125. Re:It's even harder to talk... by Anonymous Coward · · Score: 0

    NAS Field Guide to Trees defines "breast hight" as 1.3 meters. Same source/page as GP.

  126. Re:Muslims on the moon by Dastardly · · Score: 1

    I wonder what the error bars are with respect to pointing to Mecca. If you are at Mars orbit or beyond praying towards the sun should be the general direction of Earth, give or take a few degrees. The farther out the more likely Earth, and hence Mecca would be in the field of vision if you just pray towards the Sun. I wonder if after a few thousand yearas of that a group of sun worshippers would emerge with the same belief set.

    Not sure how to handle it when nearer to the sun than earth orbit. I guess you just have to figure out where earth is.

  127. Re:Ants, Bees and Beetles by xtermin8 · · Score: 1

    Oops! BTW I can't help but wonder if there's some weird cosmic link. Anyways, here's a little factoid to go with my mispelling. "The group went through several name changes, surviving monikers like Johnny and the Moondogs, the Beatals, the Silver Beetles, the Silver Beats, and the Silver Beatles, before eventually settling on the Beatles."http://www.recmusicbeatles.com/public/fil es/bbs/name.html

  128. Mispelling is mandatory on Slashdot! by xtermin8 · · Score: 1

    Grammer mistakes too. BTW I wouldn't necessarily eliminate myself from the pool of fools to ignore.

  129. monkeys by Scroatzilla · · Score: 1

    Where are my 4-assed monkeys?

  130. Yes, this is really good news for science. by StormKrow · · Score: 1

    Laws forbidding the practice, not withstanding; this basically means that anyone can make their own critters and not have to worry about legal ramifications, provided they have the capital, means, and ability.

    Now the only thing one needs worry about is that people will get the bright idea to patent the process...(which I don't *think* is possible under current copyright law...but you never know.)

    --
    Who cares about the ozone layer?...thanks to CFC's I can write my name......IN CHEESE!!!
  131. Judgment day will happen long before than happens by Anonymous Coward · · Score: 0


    >But wait... What will happen when, in a couple billion years, the Sun either swallows or blows up and vaporizes Earth?

    Judgment day will happen long before than happens

  132. I can you like to argue a fact by xtermin8 · · Score: 1

    Maybe you don't understand English very well then. Give me a definition for a gene! You know, genes gentics. Or perhaps you've come to beleive in your own money-raising public relations bullshit. I don't suppose you could've given a link to dbSNP.

    1. Re:I can you like to argue a fact by espressojim · · Score: 1

      First off (and now you're really sounding like an asshole) I work in acedemia. At Harvard, if you'd like to be precise. I don't do any money-raising public relations bullshit.

      I don't need to, my PI raises plenty of grant money through the NIH.

      So get off your fucking high horse, you're embarrasing yourself.

      DB SNP: Guess what the FIRST hit on google is for "dbsnp"? Oh shit, it's DB SNP! You are one lazy ass motherfucker.

      A gene:
      "the DNA sequence necessary and sufficient to express the complete complement of functional products derived from a unit of transcription"

      Yes, people have been attaching a number of different meanings to it, and it's a word in transition. The one I use above is a pretty damn common one.

      For something that is abstract, algorithms are more than able to predict where they occur in the genome. There's also available splice sites, etc.

  133. Interesting by xtermin8 · · Score: 1

    I'm beginning to enjoy this. I have to take your word for your position... but I don't really care (whose on a high horse?) Yeah, I've looked it up, but aren't you just as lazy for not providing a specific point, with the relevent information? http://en.wikipedia.org/wiki/Gene"Because each discipline models the biology of life differently, the material entity that supports the gene in one discipline is not the same as in the other."

  134. At Haavaaad, if you'd like to be precise. by xtermin8 · · Score: 1

    You've been arguing with unemployed, less-educated commoner, who lives right outside of Cambridge. Actually I used to work at Sage Jr convenience store! You'd better move on with your superior intellect, you're obviously too important to assocciate with me.