A generic computer running a program is a special purpose machine: it's now doing things it could not do before it was programmed to do so, and as such, it is performing potentially novel functionality. Otherwise, in my mind, you might as well argue "a kitchen knife could not be a murder weapon because it's a kitchen knife."
I don't think that analogy goes where you want it to go. Suppose that a kitchen knife exists in the prior art and you want to get a patent on "homicide weapon with hand grip and pointed edge." That which infringes if later anticipates if earlier. So if the kitchen knife would infringe that patent then it's also novelty destroying.
I meant the kitchen knife analogy as more of a general illustration that actual use of something is more important than straightforward interpretation of that object's purported purpose, rather than as a case of patentability :-) I fully agree that the use of kitchen knife as a murder weapon would be non-novel, given that sharp objects have been used to cause death since prehistoric times, as well as obvious, given that sharp objects are known to cause bodily harm, which is known to cause death.
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I don't think that analogy goes where you want it to go. Suppose that a kitchen knife exists in the prior art and you want to get a patent on "homicide weapon with hand grip and pointed edge." That which infringes if later anticipates if earlier. So if the kitchen knife would infringe that patent then it's also novelty destroying.
I meant the kitchen knife analogy as more of a general illustration that actual use of something is more important than straightforward interpretation of that object's purported purpose, rather than as a case of patentability :-) I fully agree that the use of kitchen knife as a murder weapon would be non-novel, given that sharp objects have been used to cause death since prehistoric times, as well as obvious, given that sharp objects are known to cause bodily harm, which is known to cause death.