avoid confusion," therefore, the court decided to "clarify here that in Bilski, this court considered whether this 'test' is valid and useful and concluded that it is not." The court then turned to attorney Harris's proposed new test for patent-eligibility — "Does the claimed subject matter require that the product or process has more than a scintilla of interaction with the real world in a specific way?" In the light of Bilski'''s "clear statements that the 'sole,' 'definitive,' 'applicable,' 'governing,' and 'proper' test for a process claim under § 101" was the machine-or-transformation test, the court refused to consider the proposed alternative test. The court then said that it would "reaffirm that the machine-or-transformation test is the singular test for a process claim under § 101" and "we decline to consider Applicants' method claims other than through the lens of the machine-or-transformation test." The court then turned to the so-called paradigm claims. The court agreed with the Board that a paradigm falls within none of the four statutory categories and is therefore patent-ineligible. Nonetheless, the applicants argued that "[a] company is a physical thing, and as such analogous to a machine." The court responded that the paradigm was just a business model for organizing a marketing company; it was not a machine because it was not a combination of physical parts. As attorney Harris had conceded during oral argument, "you cannot touch the company." The court therefore ruled: "Indeed, it can be said that [these] paradigm claims are drawn quite literally to the 'paradigmatic "abstract idea."'" Accordingly, they were patent-ineligible. Judge Newman dissented, arguing that there was still some life in State Street''. Moreover, she challenged the machine-or-transformation test as being the sole remaining test of patent-eligibility. References External links United States patent case law 2009 in United States case law United States Court of Appeals for the Federal Circuit cases