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2007), defining the term “physical” can be an “esoteric and metaphysical”
 
inquiry
.  
Indeed,
 
although this court has struggled for years to set out what constitutes sufficient 
physical transformation to render a process patentable, we have yet to provide a 
consistent or satisfactory resolution of this issue. 
 
We took this case en banc in a long-overdue effort to resolve primal questions on 
the metes and bounds of statutory subject matter.  The patent system has run amok, and 
the USPTO, as well as the larger patent community, has actively sought guidance from 
this court in making sense of our section 101 jurisprudence.  See Supplemental Br. of 
Appellee at 3 (“[The Federal Circuit] should clarify the meaning of State Street and AT&T, 
as they have been too often misunderstood.”); Br. of  Fin. Serv. Indus. at 1 (“The rise of 
[business method patents] in recent years has . . . led to uncertainty over the scope of the 
patents granted and, more fundamentally, the definition of patentable subject matter 
itself.  [We] seek a workable standard defining the scope of patentable subject matter, 
one that . . . provides clear guidance to the Patent and Trademark Office . . . and the 
public.”); Br. of Samuelson Law, Tech. and Public Policy Clinic at 1 (“Ever since State 
Street, the [USPTO] has been flooded with applications for a wide variety of non-
technological ‘inventions’ such as arbitration methods, dating methods, tax-planning 
methods, legal methods, and novel-writing methods.  These applications have eroded 
public confidence in the patent system and driven up the cost and decreased the return 
for applicants seeking legitimate technological patents.” (footnote omitted)); Br. of Assoc. 
of Am. Medical Colleges at 29 (arguing that “broad swaths of the public and certain 
industry sectors” have lost respect for the patent system and that “[the Federal Circuit] 
should act, even if its actions mean unsettling the settled expectations of some”).  The 
2007-1130 
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