Methuselah sprouted back in 2005, when agriculture expert Solowey germinated his antique seed. It had been pulled from the remains of Masada, an ancient fortification perched on a rock plateau in southern Israel, and at the time, no one could be sure that the plant would thrive. But he has, and his recent reproductive feat helps prove just how well he’s doing.
For a while, the Judean date palm was the sole representative of his kind: Methuselah’s variety was reportedly wiped out around 500 A.D. But Solowey has continued to grow date palms from ancient seeds discovered in the region, and she tells National Geographic that she is “trying to figure out how to plant an ancient date grove.” Doing so would allow researchers to better understand exactly what earlier peoples of the region were eating and how it tasted.
Because claim 14 lacks adequate structural support for some of the means-plus-function limitations, it is not amenable to construction. And without ascertaining the breadth of claim 14, we cannot undertake the necessary factual inquiry for evaluating obviousness with respect to differences between the claimed subject matter and the prior art.
If SpaceX wants to move forward against Blue Origin, this opinion bodes well for them, but they will need to take their case in front of a different court.
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