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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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  1. Is the concept patent eligible or patent ineligible?
  2. 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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