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Consider the patentability of the following invention: A claim to a method of creating a composition of kidney cells involving freezing the cells, defrosting them,
Consider the patentability of the following invention:
- A claim to a method of creating a composition of kidney cells involving freezing the cells, defrosting them, separating out the live cells from the dead cells, and refreezing the cells that survived the first freeze/thaw.
- The inventors developed this method after discovering that cells that survive the initial freeze/thaw cycle are more likely to survive subsequent freeze/thaw cycles than those that did not.
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- Is the concept patent eligible or patent ineligible?
- If it is patent ineligible, is there anything in the claim that constitutes an "inventive concept" sufficient to transform the claimed abstract idea into a patent eligible application? If not, then the claim is not directed to patentable subject matter.
Make sure to explain your answer in light of the references cases and the Mayo / Alice two-step analysis.
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