My point was that it’s hard to imagine citing something that could not be patented as prior art. It would be like citing a phone book as proof that a software program can’t be copyrighted (“the exact bytes appear in the 1973 Albany NY white pages, therefore it wasn’t original”)
Prior art doesn't have to be a patent. A frickin' Soviet movie was prior art in the Blue Origin/SpaceX lawsuit about landing rockets on barges.
Yes, but that movie was made by a human.
My point was that it’s hard to imagine citing something that could not be patented as prior art. It would be like citing a phone book as proof that a software program can’t be copyrighted (“the exact bytes appear in the 1973 Albany NY white pages, therefore it wasn’t original”)