> >> Does anyone know if inclusion of something in openly available source > >> code has been accepted as proper publication for prior art? (it does > >> not meet the letter, but it does meet the spirit I would say). > > > > The patent examiners i've spoken with in the past (and their > > supervisors) consider publicly available source code to be prior art. > > I am too lazy to search federal circuit case law, but my recollection > > is that their is a case or two on point here saying it is. > > (They read "printed publication" very broadly to include any document > > available to the public) > > > Here you go: > > http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2128.htm
Hmm.... I'm not sure. Nothing in there seems to be talking about viewing source code as a "publication". The way I read that, it's addressing the issue of "printed" vs "electronic", not "source code" vs "publication".
