In Classen v. Biogen, the Federal Circuit issued a one paragraph non-precedential opinion rejecting Dr. Classen's claimed method for evaluating a vaccine immunization schedule. The problem with the claims stems from the Bilsmane or transformation test. The appellate panel found that "the claims are invalid under 35 U.S.C. § 101. Dr. Classen's claims are neither "tied to a particular machine or apparatus" nor do they "transform[] a particular article into a different state or thing." Bilski, 545 F.3d at 954."
Now, Classen has filed its request for a rehearing en banc and is looking for further amicus support. The brief cites only one case -- Bilski -- and argues the facts: that at least the claim limitation of "immunizing mammals" is a qualifying transformation of matter.
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