Monday, May 3, 2010

"Cited by Other"

The SkunK though he would take a closer look (at his closer look the the other day) when he noticed what appears to be a list of prior art "cited by other".  As a review, both the 7,608,729 patent and the 7,601,858 patent have an "Other References" section.  In it - some of it appears to be reviewed prior art - some is cited by the Patent Examiner and some is "cited by other."  The "other" in this case would seem to include the "Prior Art"  submitted by those who wished to challenge the patent before it was approved.  A review of these "Other References" might give one a feel for the seriousness of the patent challenge.  At least that is what the SkunK was thinking when he went to find this web based reference included in the "Other References":

(No Author Available) "Thermochemical Liquefaction" article by Wisconsin Biorefining Development Initiative, www.wisbiorefine.org. pp. 1-4, undated, 2004. cited by other .

You can SEE IT HERE

SkunK

Now the SkunK ain't no Patent Lawyer and he ain't no Nuclear Rocket Scientist.  But good golly - what in the heck does this reference have to do with a Corn Oil Extraction patent??  I mean really - look at these extreme temperatures!  This is NOT describing what happens in corn oil extraction . . .
"The process temperatures for the initial slurry phase of processing are between about 200C to 300C (392F to 572F). For the second processing stage the temperatures are near 500C (932F)."

This seems to be a whole different science.  Is anything even mentioned in the reference concerning mechanical (centrifuge) means of extraction?   The hottest temperatures described in the patents that I could find was: ". . .processing the thin stillage to a temperature of between about 150 and 212.degree. F" 

The brochure gives an example of commercial development of the process described.  Does this sound like CORN OIL EXTRACTION?

"A commercial scale plant was commissioned in 2003 and operational in 2004 in Carthage, Missouri to process 200 tons per day of animal waste material from a ConAgra Foods turkey processing operation."

Conclusion
I hope no one is seriously counting on proving prior art and disallowing the GreenShift Patents based on a turkey waste operation involving temperatures - orders of magnitude above anything done in Corn Oil Extraction.  If this is representative of the seriousness of the challenge to the GreenShift patents - it appears to the SkunK that the challengers are wasting the time and money of the Ethanol Industry.   No matter where you stand as a stakeholder on this issue - Investor, Ethanol Plant Stakeholder or other - The SkunK asks that you do your DD on this subject.  You may not draw the same conclusions as the SkunK and I am more than frog hair fine on that.  But with so much at stake - to individuals and the Ethanol Industry at large - I hope that everyone takes the time to do their own Due Diligence.

2 comments:

Joe said...

Your blog site is a must visit for myself, and I'm sure others. But, certainly the PTO is aware of "prior art". Are we at the mercy of a whim by an examiner? I'm sure that the courts study all of this material, yet, until the court decision comes out, like everyone else, I'm edgy.

Thank you for the work you do on this blog SkunK.

Joe

Anonymous said...

Admittedly, I'm certainly no expert on patents. That said, I understood the "prior art" mentioned in the Other References section to mean prior art that is referenced in the patent, not prior art that was submitted to challenge that patent.

Any thoughts?

 
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