[berberous]

Yes, that's correct. Also, keep in mind:

"First, the case is only about whether genes are patentable subject matter; that is, are they the kinds of things that are eligible for patent protection under section 101 of the Patent Act, assuming that all other requirements for patentability are met. Even if the Supreme Court rules in favor of gene patents here, every gene patent would still have to pass the tests of novelty (section 102) and nonobviousness (section 103), and to be the subject of an adequately explicit written description (section 112)."

That's taken from this legal genomics blog: http://www.genomicslawreport.com/index.php/2013/05/01/some-t...

Highly recommend all of their articles if you are interested in this kind of thing.