The judicial system appears gridlocked and unable to deviate from the patent-eligibility patent law based upon modern case law:

This is keyed to a widespread  belief following the Bilski case that “[t]he exceptions [to categories of § 101 patent- eligible subject matter] have defined the reach of the statute as a matter of statutory stare decisis going back 150 years [to] Le Roy v. Tatham, 14 How. 156, 174–75 (1853).”

Stare decisis Mythology:  The stare decisis argument in Bilski is critically reviewed in the attached paper, The 800 Pound Faux Stare Decisis Gorilla in the Room Of Patent-Eligibility.

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Regards,
Hal