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A short answer to your question is that employing different statistical methods could be sufficient novelty - but it depends on whether such a switch in approach would be a natural move for "one of ordinary skill in the art." Is such a move somehow counter-intuitive, or even contra-indicated? Is the result unexpected? More significantly, though, prior art ...


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Any change from any original "methods and processes", which could include the statistical methods and algorithms, could warrant a completely new patent, in which case it wouldn't invalidate the original patent. Here are two different approaches that hopefully show what I have in mind -- Consider the "Ladder of Powers" approach to fitting a curve to a data ...


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