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From: wtm@uhura.neoucom.EDU (Bill Mayhew)
Newsgroups: comp.dcom.modems
Subject: Re: hayes lawsuit
Summary: What may be patented?
Message-ID: <1991Jun03.230752.12591@uhura.neoucom.EDU>
Date: 3 Jun 91 23:07:52 GMT
References: <1991May26.044320.5542@clark.edu> <1991May26.115728.12448@unlinfo.unl.edu>
Distribution: usa
Organization: Northeastern Ohio Universities College of Medicine
Lines: 29

I am not a patent attorney, thus I have a question.  My admittedly
slight understanding of patent law is that only things such  as
redily describable mechanical assemblies, manufacturing processes
and computer algorithms may be patented under additional
stipulations of uniqueness and originality.

I do not understand exactly the way the (wait one second) +++ (wait
one second) in band data link escape used by Hayes modems is
patentable.  I could understand a specific microprocessor algorithm
or hardware timer chip to implement the escape could be patented,
but not the escape sequence itself.  There obviously nearly
limitless numbers of ways the escape could be implemented with
hardware and software.

I can see why Hayes avoids challenging competitors on the AT
command set becuase it has some semblance to language which is
excluded from patentability.  It would seem that the +++ sequence
also might not stand a court challenge if both sides had equally
deep pockets ant equally many lawyers.  Of course, it is usually
easier to switch than fight and just license the technology from
Hayes.

Bill

-- 
Bill Mayhew      NEOUCOM Computer Services Department
Rootstown, OH  44272-9995  USA    phone: 216-325-2511
wtm@uhura.neoucom.edu   ....!uunet!aablue!neoucom!wtm
via internet: (140.220.001.001)