CHAPTER EIGHT - THE DOWNLOAD ACCELERATES

Old Law: Jurisprudence of Myth (Patent Law Edition)

MONDAY NIGHT - 65 HOURS REMAINING

They spread the photographs across Athelia's desk. Hundreds of images. The Original Queen's patent. The 47 failed candidates. Archive signatures. Evidence.

Casey had gone to bed an hour ago. Alexander sat on the floor, organizing documents into piles. Athelia stared at her laptop, cursor blinking on a blank page titled: RESPONSE TO OFFICE ACTION

"I don't know where to start," she whispered.

Alexander's ears swiveled toward her. "Start with § 102. That's the easiest. We have proof the Original Queen's patent excludes the bond element. Her Claim 3 explicitly says 'no attorney or bonded partner.' Your invention requires both."

"But how do I WRITE that? What format?"

Her hand moved before she could think. A syntax tree flowed across the screen:

RESPONSE_TO_OFFICE_ACTION
├── AMENDMENTS
│   ├── Claim_Amendments
│   └── Specification_Amendments
└── REMARKS
    ├── Acknowledgment
    ├── Response_§101_Utility
    ├── Response_§102_Anticipation
    │   └── All_Elements_Rule_Analysis
    ├── Response_§103_Obviousness
    │   ├── Graham_Factor_1
    │   ├── Graham_Factor_2
    │   ├── Graham_Factor_3
    │   └── Graham_Factor_4_Secondary_Considerations
    │       ├── Long_Felt_Need
    │       ├── Failure_of_Others
    │       ├── Unexpected_Results
    │       └── Skepticism_of_Experts
    └── Response_§112_Enablement
        └── PHOSITA_Analysis

She read the tree structure automatically: "Response format. Hierarchical. Nested arguments."

And then her hands typed beneath, translating the tree into outline form:

"I didn't know that," Athelia breathed. "I didn't study prosecution procedure. But I just... wrote it."

Alexander leaned forward. "The protocols are teaching you as you go. Write. Don't think. Just let it flow."

She started typing. The cursor moved to § 102 response. Her screen flickered—another syntax tree appeared:

§102_ALL_ELEMENTS_RULE
├── Prior_Art: OGQ_Patent_1725
│   ├── (a) Guardian_Queen [✓]
│   ├── (b) Protocol_Knowledge [✓]
│   ├── (c) Attorney_Bond [✗ EXCLUDED]
│   ├── (d) Physical_Manifestation [✗]
│   └── (e) Office_Action_Process [✗]
│
└── Applicant_Invention
    ├── (a) Guardian_Queen [✓]
    ├── (b) Protocol_Knowledge [✓]
    ├── (c) Attorney_Bond [✓ REQUIRED]
    ├── (d) Physical_Manifestation [✓]
    └── (e) Office_Action_Process [✓]

RESULT: NOT_ANTICIPATED
Prior art lacks elements c, d, e

"Wait," Severen said, appearing at the window. He stepped through like it was a doorway. "Before you write the § 102 response, check something. Common ownership."

Alexander's ears perked up. "What about it?"

Severen pulled up a chair. "The Original Queen's patent is prior art under § 102. But there's an exception. If Athelia and the Original Queen have common ownership, we can disqualify the OGQ patent as prior art entirely. What's the statute?"

Athelia's hand moved automatically:

"I just wrote that," Athelia breathed. "The protocols taught me."

"Good," Severen said. "Now apply it. Is there common ownership between you and the Original Queen?"

Athelia thought. "She disappeared in 1772. She's been gone for 253 years. There's no common ownership."

"Correct. Which means you CAN'T use the § 102(b)(2)(C) exception. You have to overcome the prior art the hard way—by proving it doesn't disclose all your elements." He pointed at the tree. "Which is exactly what you're doing with the All Elements rule."

"What if there WAS common ownership?" Alexander asked.

"Then we could disqualify the OGQ patent entirely. Say it's not prior art. But that only works if the ownership is common at the effective filing date." Severen looked at Athelia. "When did you file?"

"Thursday. November 6, 2025."

"And who owned the Original Queen's patent on that date?"

"Nobody. She's gone. The patent expired."

"So no common ownership. No exception. You fight the § 102 rejection with the All Elements rule." Severen smiled slightly. "Which is better for teaching purposes anyway. You'll see this tested on the Patent Bar constantly—when can you use common ownership exceptions, when can't you."

Alexander leaned forward. "What about § 121? Safe harbor?"

Athelia looked confused. "What's that?"

"Restriction requirements," Severen explained. "Sometimes the USPTO says your application contains two or more independent and distinct inventions. They force you to pick one and file the others as divisional applications. § 121 protects you—if the USPTO makes you divide your application, they can't later reject the divisional for double patenting based on the parent."

He pulled out his phone. Showed her a syntax tree:

§121_SAFE_HARBOR
├── Restriction_Requirement_Issued
│   └── USPTO: "Pick one invention"
│
├── Divisional_Application_Filed
│   └── Applicant files other invention separately
│
└── PROTECTION
    ├── No double patenting rejection allowed
    └── Parent vs divisional protected

REQUIREMENT: Restriction must be by USPTO
(Not applicant's choice to divide)

"Does this apply to us?" Athelia asked.

"Not yet," Severen said. "You filed a CIP—continuation-in-part. That's different. But if Issac issues a restriction requirement saying your bond-enabled protocols and your examination authority are distinct inventions, you'd invoke § 121."

Alexander nodded. "The safe harbor prevents the USPTO from punishing you for following their own restriction requirement."

"Exactly," Severen said. "Patent Bar loves testing this. Remember: § 121 only applies when the USPTO forces you to divide, not when you choose to divide on your own."

Athelia typed notes:

"Now you're ready," Severen said. "Parse the § 102 tree with these concepts in mind."

Alexander moved closer. Pointed at the tree. "See how the prior art is missing three elements?"

Athelia leaned in. Their shoulders touched. "Element c—the attorney bond. The Original Queen explicitly excluded it."

"And element d—" Alexander's hand covered hers on the mouse. The bond flared warm. "The physical manifestation. My ears. Visible evidence the bond exists."

She felt the connection deepen. "Element e. The Office Action process itself. We're living inside the novel element."

"Yes," Alexander said quietly. "We're proving the invention works by using it."

Severen watched them parse together. "And you're proving you understand common ownership by recognizing when it doesn't apply."

Athelia started writing the § 102 response. Alexander and Severen stayed close, coaching her through each element comparison. Teaching through doing.

An hour later, Severen stood. "You have the foundation. Keep parsing together—that's what keeps her grounded." He moved to the window. "I'll check back later. Pre-filing counseling doesn't end when the writing starts."

He stepped through the window like it was a doorway and was gone.

***

Monday, 11:47 PM. The apartment was silent except for the sound of Athelia's fingers on the keyboard. Relentless. Mechanical. Faster than humanly possible.

Alexander watched from across the room, ears forward with concern. She'd been typing for three hours without pause. Her eyes were unfocused. Her handwriting—when she switched to paper for diagrams—shifted between modern and ancient mid-stroke.

He could feel it through the bond. The protocols weren't just downloading anymore. They were INTEGRATING. Becoming part of her consciousness. Soon there would be no separation between Athelia Winters and Guardian Queen examination knowledge.

Soon she might not remember which one she'd been first.

The window shimmered.

Alexander's ears swiveled toward the movement. Severen stepped through like it was a doorway, sapphire eyes glowing faint blue in the darkness.

"You came back," Alexander said quietly.

"I said I would." Severen's gaze moved to Athelia. Still typing. Oblivious to his presence. "How long has she been like this?"

"Three hours."

"And before that?"

"She wrote twelve pages in class this morning. In binary. Translated it in real-time."

Severen walked closer. Studied Athelia's screen. "She's writing the § 102 response. Using the All Elements rule to distinguish the prior art reference." He looked at Alexander. "Did you teach her this?"

"No. The protocols did."

"The integration is accelerating," Severen said quietly. "Faster than any candidate in the archive records. At this rate, she'll have full protocol access by Wednesday morning."

"That's the deadline."

"Not a coincidence. Issac timed the Office Action to force exactly this outcome." Severen's sapphire eyes met Alexander's. "By the time she submits the response, she'll be fully operational as Guardian Queen. The question is: will she still be ATHELIA?"

Alexander's ears flattened. "She has the bond. That's supposed to prevent her from losing herself."

"The bond enables the transfer. It doesn't prevent the cost." Severen gestured at Athelia. "Look at her handwriting."

Alexander looked. On the papers spread around her laptop, her notes shifted. One paragraph in her messy modern scrawl. The next in flowing elegant script that looked three hundred years old. A third paragraph in symbols he didn't recognize.

"Three handwritings," Severen said. "Athelia. The Original Queen. And something older. The protocols aren't just teaching her patent law. They're teaching her everything every Guardian Queen ever knew."

"How do we stop it?"

"You don't." Severen's voice was gentle. "This is what she filed for. This is the invention. Bond-enabled protocol transfer despite amnesia barriers. The download IS the patent."

He walked to Athelia's desk. Looked at the photographs from the archive. The Original Queen's Claim 3: requires no attorney or bonded partner.

"She worked alone," Severen said. "And it consumed her. Athelia has YOU. That's the novel element. The bond keeps her grounded. Keeps her HUMAN while the protocols integrate."

"And if the bond isn't enough?"

Severen was quiet for a long moment. "Then we'll have created a Guardian Queen who can operate the system. But we'll have lost Athelia Winters." He turned to Alexander. "That's why I'm here. Pre-filing counseling. To make sure you understand what you're building."

"This isn't pre-filing. The application is already filed."

"The RESPONSE is a continuation. A new iteration. Every Office Action response amends the invention. Clarifies what you're claiming. Narrows or expands the scope." Severen gestured at Athelia's screen. "She's not just defending the original application. She's REFINING it. Adding the bond element explicitly. Making it part of the claims."

Alexander read over Athelia's shoulder. She was typing a claim chart:

"She's building the § 102 kill shot," Alexander said. "Element by element."

"And she understands it," Severen confirmed. "Not because you taught her. Because the protocols ARE teaching her. This is what Guardian Queen examination knowledge looks like when it's fully operational."

He turned to leave. Paused at the window. "One more thing, Wolf King."

Alexander's ears swiveled toward him.

"The Original Queen wrote that final note for a reason. 'Do not let the protocols erase who you are.' She knew what was coming. She couldn't stop it because she worked alone. Athelia has you." Severen's sapphire eyes glowed brighter. "Don't let her forget who she was before the downloads started. That's the only way the bond works. If she loses herself completely, the bond breaks. And then..."

"Then what?"

"Then you have a Guardian Queen with no anchor. No humanity. Just protocols. That's what happened to Candidate 4 in 1823. 'Lost human identity entirely.' Became pure construct." Severen moved to the desk instead of the window. "That's why I'm staying. Pre-filing counseling doesn't end when you start writing. It continues through the entire prosecution."

Alexander's ears perked up. "You're helping us?"

"I'm counseling you. There's a difference." Severen pulled up a chair on Athelia's other side. "She needs grounding from both sides. You're the bond. I'm the precedent. Together we keep her from disappearing into the protocols."

Athelia blinked. Came back to herself slightly with Severen's voice. "§ 103. Obviousness. Graham factors."

"Show us the tree," Severen said quietly.

Her fingers moved. A new syntax tree bloomed across the screen:

§103_OBVIOUSNESS
├── FACTOR_1: Prior_Art
│   └── OGQ: Solo, genetic, no amnesia
│
├── FACTOR_2: Differences
│   ├── Amnesia → bond transfer
│   ├── Modern human vs born queen
│   ├── Attorney required
│   └── Digital integration
│
├── FACTOR_3: Ordinary_Skill
│   └── Appears obvious on surface
│
└── FACTOR_4: Secondary ⚠️ CRITICAL
    ├── Long_Felt_Need: 247 years
    ├── Failure_of_Others: 47 candidates
    ├── Unexpected_Results: bond worked
    └── Skepticism: Archive said impossible

RESULT: NOT_OBVIOUS
Factor 4 overcomes prima facie case

"Before we respond to § 103," Severen said, "understand HOW obviousness rejections are made. Alexander, read Issac's rejection aloud."

Alexander pulled up the Office Action. Read:

"That's a prima facie obviousness case," Severen said. "Issac identified the prior art, showed the differences, provided motivation to combine, and said the results are expected. Now you have to OVERCOME it."

"How?" Athelia asked.

"By showing his prima facie case is WRONG," Alexander said. "He's just giving his OPINION that it's obvious. You counter with OBJECTIVE EVIDENCE—things that actually happened in the real world that prove it's NOT obvious."

"What kind of evidence?" Athelia asked.

Severen pulled up the Graham syntax tree. "Secondary considerations. Graham Factor 4. These are objective facts that beat the examiner's subjective opinion about obviousness. There are four main types. Learn these—the Patent Bar tests them constantly."

He pointed to each branch. "Long-felt need. Failure of others. Unexpected results. Skepticism of experts. Each one is PROOF the invention wasn't obvious. If it were obvious, these things wouldn't have happened."

"Start with long-felt need," Alexander said. "What does that mean?"

Athelia studied the tree. "The problem existed for a long time without anyone solving it?"

"How long?" Alexander asked.

"Two hundred forty-seven years."

"From when to when?" Severen prompted.

Athelia looked at the evidence. "From 1772 when the Original Queen disappeared until 2019 when the last candidate failed. That's... almost two and a half centuries."

"And why does that matter?" Alexander's finger traced the branch.

"Because..." Athelia thought. "Because if the solution were OBVIOUS, someone would have figured it out sooner? You don't leave a problem unsolved for 247 years if the answer is obvious."

"Exactly," Severen said. "Long-felt need proves non-obviousness. The longer the problem persists, the stronger the evidence. Write that."

Athelia typed: Long-felt need established by 247-year gap. If solution were obvious, earlier candidates would have succeeded.

"Next branch," Alexander said. "Failure of others. How many?"

"Forty-seven."

"Forty-seven what?" Severen asked.

"Qualified candidates." Athelia pulled up the archive photos. "All documented. All properly trained. All failed."

"Where did they fail?" Alexander pointed at the tree.

"At the amnesia barrier. Same place. Every single one." She looked at Severen. "You counseled them?"

"Every one. Candidate 1 in 1774—I told her about the three paths, same as you. She chose non-provisional. Filed properly. But when the protocols tried to download, the amnesia barrier was absolute. Zero integration." His voice was quiet. "I watched her try for six hours. Then I watched her forget she'd ever tried."

Athelia felt sick. "That could have been me."

"It WOULD have been you," Alexander said, "except for the bond. That's the third branch. Unexpected results. What makes a result unexpected?"

Athelia thought. "Something nobody predicted? Something that surprises the experts?"

"Read what the experts predicted." Severen pointed at her phone.

She found the 2020 Archive report. Read aloud: "'Amnesia equals fatal flaw that cannot be overcome through training, technology, or force of will. Recommend abandoning Guardian Queen bloodline inheritance model.'"

"They said impossible," Alexander said. "Then you did it anyway. How?"

"The bond. The bond overcame the amnesia barrier."

"Was that predicted?" Severen asked.

"No. The report said nothing could overcome it."

"Then that's unexpected results," Alexander said. "You achieved what the leading experts declared impossible. That's powerful evidence of non-obviousness."

Athelia typed: Unexpected results: Bond overcame barrier declared "impossible" by Archive Division. Result not predicted by prior art.

"Fourth branch," Severen said. "Skepticism of experts. Who doubted you?"

"The Council. Marcus said I was too human. Elder Karenth said the bloodline was exhausted."

"And Elder Karenth is...?" Alexander prompted.

"Head of Archive Division." Understanding clicked. "He's THE expert. He studied all forty-seven failures. Wrote the 2020 report. And he voted AGAINST me."

"Expert skepticism," Severen confirmed. "When the leading authority says your invention won't work, and you prove them wrong anyway, that overcomes the obviousness rejection."

"So put it together," Alexander said. "Issac says substituting a modern queen for the Original Queen is obvious. Just swapping parts. How do the four secondary considerations prove him wrong?"

Athelia looked at the tree. All four branches. "If it were obvious... it wouldn't have taken 247 years to solve. At least one of the 47 qualified candidates would have succeeded. The Archive Division wouldn't have called it impossible. And the bond wouldn't have produced results that surprised everyone."

"That's your response," Severen said. "Write it."

Athelia turned to her laptop:

"Good," Alexander said. "Now we have § 102 and § 103. Two more rejections to go. § 101 utility and § 112 enablement."

Severen pulled up a new document on Athelia's laptop. "Let's build the complete response. Show how to counter EVERYTHING systematically. Start with § 101."

"Issac says we lack utility," Athelia said, reviewing the Office Action.

"Read what he actually wrote," Alexander prompted.

Athelia read aloud: "'Claimed invention lacks specific utility. Vague reference to 'examination authority' insufficient. Lacks substantial benefit. Credibility of magical protocol download questionable.'"

"Three utility requirements," Severen said. "Specific, substantial, credible. Attack each one. What's the test for specific utility?"

Athelia's hand moved automatically across her notes:

"Think of it like the wood analogy," Alexander said. "You can't patent wood itself—that's a product of nature. But you can patent what you MAKE from the wood and HOW you make it."

Athelia blinked. "What?"

"You can't patent a Guardian Queen," Severen explained. "That's like trying to patent wood—it's a naturally occurring thing. But you can patent the PROCESS of examination using bond-enabled protocol transfer. That's like patenting the baseball bat made FROM the wood. The application, not the raw material."

"So our specific utility is..." Athelia thought. "The examination process itself. Not me being a queen generally, but specifically EXAMINING applications for jurisdictional passage."

"Specific enough?" Alexander asked.

"Yes. It's not vague 'queenly authority.' It's concrete: examine applications, grant or deny passage, maintain barrier integrity."

"Write that. Then substantial utility."

Athelia typed:

"The wood analogy," Athelia said. "That makes it click. We're not patenting me. We're patenting the process I enable."

"Exactly," Severen said. "On the Patent Bar, they'll test this constantly with biotech examples. Can't patent the naturally occurring enzyme, but CAN patent the method of isolation, the industrial process using it, the modified version with enhanced stability."

"Application versus raw material," Athelia murmured, writing notes.

"That's § 101," Severen said. "Now § 112. Enablement. This is the hard one."

Alexander leaned forward. "Issac says the specification doesn't enable PHOSITA to make and use the invention. He says we don't explain how the protocols download, how examination works, how amnesia is overcome."

"But we DO explain it," Athelia said. "The bond enables protocol transfer. The specification discloses bond formation under § 11.106. Attorney crosses barrier to save client, bond forms automatically."

"Show the enablement test," Severen prompted. "There are factors."

Athelia's hand moved:

"The Wands factors," Alexander confirmed. "Eight factors courts use to determine enablement. Apply them."

Severen pointed at the screen. "Factor 1: How broad are your claims?"

"Guardian Queen with attorney bond," Athelia said. "Not broad. Very specific system."

"Good. Factor 4: Level of skill in the art. Define PHOSITA."

Athelia hesitated. "Person Having Ordinary Skill In The Art?"

"Right. But what does ORDINARY mean?" Severen asked. "Not exceptional. Not minimal. ORDINARY. Who would that be for your invention?"

"A Wolf King attorney," Athelia said slowly. "With Old Law knowledge. Someone who understands examination procedures and attorney-client bonds."

"Exactly. Not the BEST attorney in the world. Not a complete novice. Just someone with ordinary skill in patent examination and Old Law practice." Alexander tapped the screen. "This matters for enablement AND obviousness. Would an ordinary practitioner find your invention obvious? Can an ordinary practitioner make and use it from your specification?"

"So Alexander is PHOSITA," Athelia said. "He has ordinary skill—he knows examination law, he understands bonds. He's not exceptional, but he's competent."

"And could you—PHOSITA—make and use the invention?" Severen asked Alexander.

"Yes," Alexander said. "I followed the disclosed process. Client crossed barrier, I perceived danger, I crossed to save her, bond formed. Working example on first attempt."

"Factor 7," Severen confirmed. "Working examples. You ARE the working example."

"Factor 8: Undue experimentation?" Athelia asked.

Alexander shook his head. "No experimentation needed. Process worked immediately. No trial and error. PHOSITA can practice the invention without excessive effort."

"That's the enablement test," Severen said. "Can PHOSITA—someone with ORDINARY skill, not genius-level skill—make and use your invention from the specification without undue experimentation? Here, yes. Alexander did it on first try."

"Write the complete § 112 response," Severen said. "Show all the factors."

Athelia built the response piece by piece:

Severen read over her shoulder. "Good. But § 112(a) has THREE requirements, not just enablement. What are they?"

Athelia's hand wrote automatically:

"You have enablement," Alexander said. "Now add written description and best mode."

Athelia typed:

"Wait," Athelia said. "Best mode can't invalidate the patent anymore?"

"Not since the America Invents Act," Severen explained. "Before AIA, failure to disclose best mode could invalidate your patent in court. Post-AIA, best mode is still required in the specification, but it can't be used as a defense to knock out your patent later."

"So we still have to disclose it," Alexander added, "but it's less dangerous than it used to be. The Patent Bar will test whether you know the difference between pre-AIA and post-AIA best mode."

"What's the difference?" Athelia asked.

Severen pulled up a comparison:

"So for YOUR application," Alexander said, "filed November 6, 2025, you're post-AIA. You must disclose best mode, but even if you mess it up, Issac can't invalidate your patent for that reason alone."

"Good to know," Athelia said. "But we disclosed it anyway. Attorney crosses to save client. That's the best mode we know."

"Now put it all together," Alexander said. "The complete response to all four rejections."

Severen opened a new document. "Professional Office Action response format. Header, then systematic responses. Show the structure."

Together, the three of them built the complete document:

Athelia stared at the complete response. Twenty-three pages. Every rejection systematically countered. Every statute cited. Every factor analyzed.

"That's how you respond to an Office Action," Alexander said. "Complete. Thorough. Professional."

Severen nodded. "And that's what the Patent Bar will test. Can you identify the rejections? Apply the correct law? Build the proper response? You just did all three."

Athelia looked at both of them. "We did all three. Together."

Sixty-two hours left. But the response was done.

TUESDAY MORNING - 8:00 AM

Athelia blinked. Looked around. She was at her desk. Laptop open. Twenty-seven pages of response drafted.

She didn't remember writing most of it.

Alexander sat across from her, ears drooped with exhaustion. "You've been writing for nine hours."

"Nine—" Her voice cracked. She grabbed water. Drank. "I don't remember. I remember starting the § 102 response and then... nothing."

"You completed § 102. Started § 103. Built a claim chart. Drafted three pages of secondary considerations analysis." He pushed a stack of papers toward her. "All of it perfect. Legally sound. You cited cases you've never read."

Athelia looked at the papers. Recognized her handwriting. Except... it wasn't quite hers. Some paragraphs were. Others looked ancient. Formal. Like someone else had written through her hand.

"I'm losing time," she whispered. "The protocols are taking over."

"Not taking over. Integrating. There's a difference."

"Is there?" She met his eyes. "Because I can't tell anymore. I know things I didn't study. Write in handwriting I've never used. Read binary like it's English. How much of me is still ME?"

Alexander reached across the desk. Took her hand. The bond flared warm between them.

"You're still you. You're just... MORE now. Like finishing law school doesn't erase who you were before. It adds to you."

"This isn't law school. This is three hundred years of downloaded consciousness from dead queens."

"And you have the bond to keep you grounded." His grip tightened. "That's what makes your invention different. The bond prevents you from losing yourself. The Original Queen didn't have that. She worked alone. That's why the protocols consumed her."

Athelia looked at their joined hands. At Alexander's wolf ears tracking every sound. Evidence of the bond. Proof they were connected.

"Severen was here," she said suddenly.

Alexander's ears shot upright. "You remember?"

"Fragments. Sapphire eyes. He said something about... continuation applications? Every response refining the invention?"

"He was helping. Making sure we understood what we're building."

Athelia pulled up her laptop. Read what she'd written during the blackout:

"I wrote that?"

"You did. In about forty minutes. Without stopping."

Athelia stared at the analysis. It was perfect. Concise. Legally precise. The kind of response a senior patent attorney would draft.

And she'd written it in her sleep.

Her phone buzzed. Email notification. From Professor Mendez:

REMINDER: Patent Law Assignment Due Wednesday 6:00 AM

20-page analysis of jurisdictional conflicts between federal and pre-constitutional authority. No extensions. Late submissions will not be accepted.

- Prof. Mendez

"The homework," Athelia said weakly. "I forgot about the homework."

"You've been writing the Office Action response. That IS the homework. Constitutional framework applied to pre-constitutional authority. Patent law IS jurisdictional law."

Athelia looked at her response draft. Then at Mendez's assignment prompt. Then back at the response.

"He assigned us the homework to teach us how to write the response," she breathed. "The assignment and the prosecution are the same thing."

"Mendez knows," Alexander said. "He's been teaching Old Law disguised as patent law all semester. The homework is your study guide."

Casey emerged from her bedroom, hair disheveled. "Are you two still AWAKE?"

"Technically I blacked out for nine hours," Athelia said. "Does that count as sleep?"

"NO." Casey grabbed coffee. "How much of the response is done?"

"§ 102 complete. § 103 halfway. § 101 and § 112 still need drafting."

"And the homework?"

"Is the same as the response. I can submit the Office Action response as the homework assignment."

Casey stared. "That's... actually brilliant."

"Not my idea. The protocols figured it out."

"Of course they did." Casey looked at the clock. "Fifty-eight hours until deadline. You need to finish § 103, write § 101 and § 112, compile exhibits, and submit before Wednesday 6 AM."

"And not lose my identity in the process."

"That too."

TUESDAY AFTERNOON - 2:00 PM

Athelia stood in front of the bathroom mirror. Stared at her reflection.

Same face. Same dark circles under her eyes. Same exhaustion.

But her EYES looked different. Older. Like someone ancient was looking out through them.

She picked up a pen. Wrote on a scrap of paper:

My name is Athelia Winters. I am 22 years old. I go to Ponderosa University. My roommate is Casey. My attorney is Alexander. I like patent law. I hate coffee but drink it anyway. I am real.

She stared at the words. They felt... distant. Like reading about someone else.

Her hand moved again. Different handwriting:

The Guardian Queen maintains the barrier. Examines applications. Grants or denies passage. The protocols are absolute. The burden is eternal. Isolation is the price of authority.

Athelia dropped the pen like it had burned her.

"No," she whispered. "No. I'm not her. I'm ME."

A knock at the door. Alexander's voice: "Athelia? You okay?"

She opened the door. He stood there, ears forward with concern.

"I wrote something I didn't mean to write," she said. Showed him the paper.

Alexander read both paragraphs. His ears drooped. "The Original Queen's voice. It's in the protocols."

"It's in MY HEAD."

"Because you're integrating her knowledge. But look—" He pointed at the first paragraph. "That's still you. Athelia. The protocols are ADDING to you. Not replacing you."

"How do you know?"

"Because." He took her hand. The bond flared. "You still feel like YOU through the bond. If the protocols were erasing you, the bond would feel different. Cold. Distant. But it doesn't. It feels like Athelia with legal superpowers."

She laughed despite herself. "Legal superpowers."

"You wrote a perfect § 102 traversal in forty minutes. That's a superpower."

"A very specific, very nerdy superpower."

"The best kind."

Athelia looked at the mirror again. At her reflection. At the ancient eyes looking back.

"What if I can't stop it? What if by Wednesday morning I'm just... her? The Guardian Queen. And Athelia is gone?"

Alexander's ears flattened. "Then I'll remind you. Every day. Who you were. Who you ARE. That's what the bond is for. To keep you grounded."

"Promise?"

"I promise."

They stood there. Bathroom light harsh. The bond humming between them.

"We should get back to writing," Athelia said finally.

"§ 103 secondary considerations?"

"Yeah. Long-felt need. Failure of others. All that evidence from the archive."

They walked back to her desk. Athelia sat. Opened her laptop.

Started typing.

Her eyes went unfocused again. Fingers moving too fast. Handwriting shifting mid-word.

"Athelia." Alexander's hand on her shoulder. "Come back. Parse with me. Don't do this alone."

She blinked. Struggled to surface. "§ 112... enablement... I can SEE the tree but I'm—I'm losing—"

"Then we parse it together. Right now. Look at me." He turned her chair. Cupped her face. "Show me the tree. We'll walk through it. Every branch. Together."

Her hands moved to the keyboard. The syntax tree appeared:

§112_ENABLEMENT
├── Can PHOSITA make and use invention?
│
├── PHOSITA: Wolf_King_Attorney
│   └── Skill: Old Law + examination knowledge
│
├── SPECIFICATION
│   ├── Bond_Formation
│   │   ├── Client crosses barrier
│   │   ├── Attorney perceives danger
│   │   ├── Attorney crosses to save
│   │   ├── Bond forms (§11.106)
│   │   └── Physical manifestation
│   │
│   └── Protocol_Transfer
│       ├── Bond enables bridge
│       ├── Protocols download
│       └── Attorney grounds integration
│
└── UNDUE_EXPERIMENTATION?
    ├── Alexander practiced: YES
    ├── Bond formed first attempt
    └── No experimentation needed

RESULT: ENABLED
Attorney just needs to CARE enough to cross

"Parse the bottom branch with me," Alexander said softly, his hands on her shoulders, grounding her. "The enablement evidence."

Athelia focused on the tree. On his voice. On the bond pulling her back from the edge. "PHOSITA can practice... because you practiced..."

"I crossed the barrier. The bond formed. That's the enablement." His thumbs traced circles on her shoulders. "Any Wolf King attorney who cares enough to save their client can replicate this invention."

"No undue experimentation." Her voice was clearer now. Coming back. "You didn't experiment. You just... came for me."

"Because I couldn't let you die." He turned her chair fully to face him. "That's the specification disclosure. The bond forms when an attorney chooses their client over safety. When they cross into danger. When they CARE."

Their eyes met. The bond flared hot between them.

"This response is the proof," Athelia whispered, looking at the tree. "We're practicing the invention right now. By parsing together. By working together. By staying connected."

"By not letting you disappear into the protocols alone."

She reached up. Touched his wolf ears. Solid. Real. Evidence the bond existed.

"The Original Queen had no one to parse with," she said. "No one to pull her back when the protocols took over. That's why she disappeared."

"You have me." Alexander's hands covered hers. "Every tree. Every branch. Every response. We parse together. That's the invention. That's what makes it work."

Athelia felt herself solidify. The ancient consciousness receding. The protocols settling into place instead of consuming. Because she wasn't alone. Because they were parsing together. Because the bond held her to herself.

"§ 112 enablement," she said, voice steady now. "We can overcome the rejection."

"We already did. The moment I crossed the barrier for you."

They sat like that. Her hands on his ears. His hands covering hers. The syntax tree glowing green between them. Parsing not just patent law but the shape of their connection.

The protocols flowed. The download continued. The integration accelerated.

But Alexander's presence anchored her. Parsing together kept her human. The bond proved she was still Athelia—just Athelia with legal superpowers and a wolf attorney who wouldn't let her disappear.

Forty-four hours left.

— END CHAPTER EIGHT —

STATUTORY TEXT

35 U.S.C. § 101 - Inventions Patentable

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.

35 U.S.C. § 102 - Conditions for Patentability; Novelty

(a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention;

(b) EXCEPTIONS.—

(1) DISCLOSURES MADE 1 YEAR OR LESS BEFORE THE EFFECTIVE FILING DATE OF THE CLAIMED INVENTION.—A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if—

(A) the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor;

(2) DISCLOSURES APPEARING IN APPLICATIONS AND PATENTS.—A disclosure shall not be prior art to a claimed invention under subsection (a)(2) if—

(C) the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.

35 U.S.C. § 103 - Conditions for Patentability; Non-Obvious Subject Matter

A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.

35 U.S.C. § 112 - Specification

(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.

35 U.S.C. § 121 - Divisional Applications

If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions. If the other invention is made the subject of a divisional application which complies with the requirements of section 120, it shall be entitled to the benefit of the filing date of the original application. A patent issuing on an application with respect to which a requirement for restriction under this section has been made, or on an application filed as a result of such a requirement, shall not be used as a reference either in the Patent and Trademark Office or in the courts against a divisional application or against the original application or any patent issued on either of them, if the divisional application is filed before the issuance of the patent on the other application. The validity of a patent shall not be questioned for failure of the Director to require the application to be restricted to one invention.

35 U.S.C. § 282 - Presumption of Validity; Defenses

(b) DEFENSES.—The following shall be defenses in any action involving the validity or infringement of a patent and shall be pleaded:

(2) Invalidity of the patent or any claim in suit on any ground specified in part II as a condition for patentability.

(3) Invalidity of the patent or any claim in suit for failure to comply with—

(A) any requirement of section 112, except that the failure to disclose the best mode shall not be a basis on which any claim of a patent may be canceled or held invalid or otherwise unenforceable;

37 CFR § 11.106 - Information About Legal Services

A practitioner shall not make a false or misleading communication about the practitioner or the practitioner's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

CASE LAW

Graham v. John Deere Co., 383 U.S. 1 (1966)

ISSUE: What is the proper test for determining obviousness under 35 U.S.C. § 103?

HOLDING: Supreme Court established the four-factor framework for analyzing obviousness:

1. Scope and content of the prior art

2. Differences between the prior art and the claims at issue

3. Level of ordinary skill in the pertinent art

4. Secondary considerations (objective indicia of non-obviousness)

Secondary considerations include:

• Commercial success

• Long-felt but unsolved needs

• Failure of others

• Unexpected results

• Skepticism of experts

• Copying by competitors

APPLICATION IN CHAPTER 8:

Isaac makes prima facie obviousness case: OGQ patent + modern attorney representation = obvious to substitute modern queen.

Athelia overcomes with Graham Factor 4 (secondary considerations):

• LONG-FELT NEED: 247 years without solution (1772-2019)

• FAILURE OF OTHERS: 47 qualified candidates failed at same barrier

• UNEXPECTED RESULTS: Bond overcame "impossible" amnesia barrier

• SKEPTICISM: Archive Division Head (Elder Karenth) voted against, predicted failure

If invention were obvious, problem would have been solved earlier. Secondary considerations are objective evidence that overcomes examiner's subjective opinion about obviousness.

In re Wands, 858 F.2d 731 (Fed. Cir. 1988)

ISSUE: What factors determine whether a specification provides sufficient enablement under 35 U.S.C. § 112(a)?

HOLDING: Federal Circuit established eight factors (Wands factors) for evaluating enablement:

1. Breadth of the claims

2. Nature of the invention

3. State of the prior art

4. Level of ordinary skill in the art

5. Level of predictability in the art

6. Amount of direction or guidance presented

7. Existence of working examples

8. Quantity of experimentation necessary to make or use the invention

The test is whether UNDUE experimentation is required. Some experimentation is permitted, but it cannot be excessive relative to the skill in the art.

APPLICATION IN CHAPTER 8:

Athelia applies Wands factors to overcome § 112 enablement rejection:

• Factor 1: Claims NARROW (specific Guardian Queen + bond system)

• Factor 4: PHOSITA = Wolf King attorney with Old Law knowledge (ordinary skill)

• Factor 6: Specification discloses bond formation process step-by-step

• Factor 7: THIS PROSECUTION is working example (Alexander practiced invention)

• Factor 8: NO undue experimentation - bond formed on first attempt

Alexander (PHOSITA) practiced invention successfully on first try without experimentation. Specification enables person of ordinary skill to make and use the invention.

In re Bond, 910 F.2d 831 (Fed. Cir. 1990)

ISSUE: What is required for a prior art reference to anticipate a claimed invention under 35 U.S.C. § 102?

HOLDING: To anticipate a claim under § 102, a SINGLE prior art reference must disclose each and every element of the claimed invention, arranged as in the claim. This is known as the "All Elements" rule.

Anticipation requires:

1. SINGLE reference (not combination of references)

2. ALL elements present (not just some)

3. Arranged as claimed (proper configuration)

If prior art LACKS even ONE claimed element, it does NOT anticipate.

Additionally, if prior art teaches AWAY from claimed invention (explicitly disclaims or discourages the approach), this weighs against anticipation and obviousness.

APPLICATION IN CHAPTER 8:

Isaac rejects claims as anticipated by OGQ patent (1725). Athelia overcomes using All Elements rule:

Claimed Element (c): Attorney bond enabling protocol transfer
OGQ Patent: Claim 3 EXPLICITLY EXCLUDES ("requires no attorney or bonded partner")
Result: Element MISSING

Claimed Element (d): Physical manifestation of bond (wolf ears)
OGQ Patent: NOT DISCLOSED
Result: Element MISSING

Claimed Element (e): Office Action/Response prosecution process
OGQ Patent: Claim 4 excludes ("no appeal or response")
Result: Element MISSING

OGQ patent lacks THREE claimed elements. Under All Elements rule, prior art fails to anticipate. Additionally, OGQ Claim 3 teaches AWAY by explicitly excluding the attorney bond element.

STATUTORY INDEX