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Re:US appeals court rules in favor of patenting genes by doktrin on Thursday August 23, 2012 @02:52PM (#4424176)
This is an interesting point, and this very background may have found its way into the ruling. Specifically, that the judge has a background in chemistry and directly speaks to the difference in perspective between biologists and chemists :

"We recognize that biologists may think of molecules in terms of their uses, but genes are in fact materials having a chemical nature and, as such, are best described in patents by their structures rather than by their functions" [1]

The blogger goes on to state in more plain terms :

"In other words, this ruling affirms that molecular biology is, in fact, chemistry, if you want to look at it that way."

[1]http://pipeline.corante.com/archives/2012/08/17/the_myriad_g...

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