Rare Commodore
Rare Commodore
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| Commodore Amiga NewTek Video Toaster 2000 Board w Original Software Disks Rare | |
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$59.95 Time Remaining: 1h 20m Buy It Now for only: $89.95 Buy It Now | Bid now |
| RARE Commodore 64 PAC MAN game cartridge 1983 ATARI Bally Midway CLASSIC arcade | |
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$5.50 (2 Bids) Time Remaining: 2h 2m |
| RARE Commodore 64 CENTIPEDE game cartridge 1983 ATARI Warner Com CLASSIC ARCADE | |
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$5.00 Time Remaining: 2h 4m |
| Vintage Commodore 64CRAREMINT CONDw BOX1702 MonitorC2N CassetteIndus GT FD | |
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$179.00 Time Remaining: 2h 6m |
| RARE Commodore 64 DONKEY KONG game cartridge 1983 ATARI Nintendo CLASSIC ARCADE | |
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$15.50 (6 Bids) Time Remaining: 2h 9m |
| RARE Commodore 64 MACH 5 game cartridge 1985 Access Software Incorporated | |
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$9.50 (3 Bids) Time Remaining: 2h 14m |
| RARE Commodore 64 FAST LOAD game cartridge 1984 Epyx Inc accessory disc run aid | |
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$8.50 (3 Bids) Time Remaining: 2h 17m |
| RARE Commodore 64 MAGIC DESK I game cartridge 1983 Type And File computer aid | |
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$5.00 (1 Bid) Time Remaining: 2h 20m |
| RARE Commodore 64 KICKMAN game cartridge 1982 action adventure ARCADE | |
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$5.00 Time Remaining: 2h 23m |
| RARE Commodore 64 MUSIC MACHINE game cartridge 1982 compose own music chiptune | |
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$5.00 (1 Bid) Time Remaining: 2h 26m |
| RARE Commodore 64 JUPITER LANDER game cartridge 1982 action moon patrol space | |
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$5.00 Time Remaining: 2h 28m |
| RARE Commodore 64 SIMONS BASIC game cartridge 1983 + 114 keywords to BASIC 20 | |
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$5.00 (1 Bid) Time Remaining: 2h 32m |
| RARE Commodore 64 OMEGA RACE game cartridge 1982 space Asteroids Defender arcade | |
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$5.00 Time Remaining: 2h 35m |
| RARE Commodore 64 HES WRITER 64 game cartridge 1982 Human Engineered Software | |
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$5.00 Time Remaining: 2h 37m |
| RARE Commodore 64 GRIDRUNNER game cartridge 1982 HES Human Engineered Software | |
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$5.00 Time Remaining: 2h 38m |
| RARE Shirley Muldowney Commodore 64 Top Fuel Challenge Game Never Used | |
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$5.99 Time Remaining: 5h 25m |
| PRESIDENTIAL CAMPAIGN Commodore 64 game by TIMEWORKS VERY RARE COMPLETE | |
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| RARE Atomino by Psygnosis for Commodore Amiga | |
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| RARE Interphase for Commodore Amiga | |
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| Star Trek TCG Premiere Very Rare Cards Part 3 3 Skybox | |
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| CON COR COMMODORE LOCOMOTIVE TENDER NEW YORK CENTRAL J3A N SCALE 3051 RARE | |
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| NEW Sealed ABYSS AMIGA vintage Software game Rare | |
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| VINTAGE RARE Commodore 64 C64 ARCADE Mega Hits VOL 1 Gauntlet Paperboy doom | |
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| RARE OFFICIAL Commodore 64 Monitor Working | |
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$59.88 Time Remaining: 1d 1h 7m |
| Very Rare CP M Digital Research User Programmer System Guide Commodore | |
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$19.99 Time Remaining: 1d 4h 5m |
| VINTAGE RARE Commodore 64 C64 CONGO BONGO Complete excellent condition | |
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$10.50 (3 Bids) Time Remaining: 1d 4h 8m |
| VINTAGE RARE Commodore 64 C64 Dark Tower great condition 1984 Wow | |
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$9.99 Time Remaining: 1d 4h 9m Buy It Now for only: $39.99 Buy It Now | Bid now |
| VINTAGE RARE Commodore 64 C64 FROGGER II ThreeDeep great condition 1984 Wow | |
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$9.99 Time Remaining: 1d 4h 9m Buy It Now for only: $29.99 Buy It Now | Bid now |
| BORDER ZONE INFOCOM COMMODORE 64 128 SX 64 RARE VINTAGE | |
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$24.99 (1 Bid) Time Remaining: 1d 4h 13m |
| PANZER BATTLES Strategy Studies Group SSG RARE Complete PC BIG BOX War Game | |
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$99.95 Time Remaining: 1d 5h 14m Buy It Now for only: $99.95 Buy It Now |
| Commodore CBM vic 20 game cartridges +inst 5 ADVENTURES mission impossible RARE | |
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$49.00 Time Remaining: 1d 5h 20m Buy It Now for only: $49.00 Buy It Now |
| Commodore PET 2001 Power Supply from working unit RARE Parts Repair | |
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$149.00 Time Remaining: 1d 7h 20m Buy It Now for only: $149.00 Buy It Now |
| Commodore SUPERPET 4032 Power Supply from working unit RARE Parts Repair | |
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| Pirates of the Crimson Coast Rare Commodore Rhys Gryffin Owen | |
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$0.99 Time Remaining: 1d 8h 27m |
| VINTAGE RARE Commodore 64 128 C64 Search for the Titanic Complete in Box | |
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| RARE Autoart HSV Commodore VT2 Clubsport R8 Red MIB 118 | |
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| RARE Commodore Vic 20 Programmers Reference Guide | |
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| Atari 300x Competition PRO controller in box rare commodore MSX | |
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$10.00 Time Remaining: 1d 22h 3m |
| PROJECT PLANNER BY COLLINS BRAINPOWER FOR COMMODORE 64 NEAR MINT COND VERY RARE | |
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$4.69 Time Remaining: 1d 22h 13m |
| ENTREPENEUR BY COLLINS BRAINPOWER FOR COMMODORE 64 NEAR MINT CONDITION VERY RARE | |
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$4.69 Time Remaining: 1d 22h 13m |
| TUSKER BY SYSTEM 3 FOR COMMODORE 64 BOXED VERY GOOD CONDITION VERY RARE | |
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$4.69 Time Remaining: 1d 22h 13m |
| MONTY PYTHONS FLYING CIRCUS BY VIRGIN FOR COMMODORE 64 BOXED VGOOD CON VERY RARE | |
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$6.26 Time Remaining: 1d 22h 13m |
| FORECASTER BY COLLINS BRAINPOWER FOR COMMODORE 64 NEAR MINT CONDITION VERY RARE | |
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$4.69 Time Remaining: 1d 22h 13m |
| Commodore Barry Statue Independence Hall Philadelphia Pennsylvania Liberty Rare | |
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$0.99 Time Remaining: 1d 23h 25m |
| Amiga Game Electronic Arts JOHN MADDEN AMERICAN FOOTBALL Rare | |
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$1.55 Time Remaining: 1d 23h 34m |
| WEHRLE COMMODORE TIDE brass Alarm Maritime Desk clock ON SALE NOW NEW RARE | |
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$999.99 Time Remaining: 2d 1h 8m Buy It Now for only: $999.99 Buy It Now |
| Two rare Slik Stik Joysticks for Atari Sega Commodore and more | |
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$9.95 Time Remaining: 2d 2h 7m |
| NEW RARE remote controller Commodore 64 128 Atari Amiga | |
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$99.99 Time Remaining: 2d 2h 53m Buy It Now for only: $99.99 Buy It Now |
| NEW Sealed Tutankham Commodore VIC 20 Rare game 1983 | |
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$149.99 Time Remaining: 2d 3h 1m Buy It Now for only: $149.99 Buy It Now |
| commodore 64 128 ML Assembler Development sys diskRARE | |
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$4.99 Time Remaining: 2d 4h 1m Buy It Now for only: $6.99 Buy It Now | Bid now |
| COMMODORE C2N 1530 Model Datassette Datasette Unit RARE NICE ORIG BoX | |
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$10.00 Time Remaining: 2d 4h 24m |
| COMMODORE 64 128 C64 RARE ACCOLADE APOLLO 18 GAME BOXED COMPLETE EXCELLENT | |
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$47.99 Time Remaining: 2d 12h 29m Buy It Now for only: $47.99 Buy It Now |
| New In Box STAR TREK By SEGA For Commodore VIC 20 Rare Cartridge Cart | |
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$9.99 Time Remaining: 2d 13h 55m Buy It Now for only: $9.99 Buy It Now |
| Commodore SR4148R Electronic Scientfic Calculator Rare Vintag | |
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$29.99 (1 Bid) Time Remaining: 2d 16h 25m |
| Space 1889 Amiga +CIB+ Empire Rare | |
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$35.95 Time Remaining: 2d 21h 47m Buy It Now for only: $35.95 Buy It Now |
| Hard Hat Mack Commodore 64 Electronic Arts Folio Rare | |
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$71.95 Time Remaining: 2d 21h 47m Buy It Now for only: $71.95 Buy It Now |
| RARE Vintage Commodore Road Race Cartridge VIC 1909 | |
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$9.99 Time Remaining: 2d 23h 4m Buy It Now for only: $9.99 Buy It Now |
| Commodore VIC 20 Computer 3K RAM Super Expander COMPLETE in Box w Manual RARE | |
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$29.99 Time Remaining: 2d 23h 8m Buy It Now for only: $29.99 Buy It Now |
| 9 to 5 Typing by Epyx Commodore 64 525 Disk COMPLETE in Box w Manual RARE | |
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$7.99 Time Remaining: 2d 23h 32m Buy It Now for only: $7.99 Buy It Now |
| Vintage Commodore AMIGA PSYGNOSIS OBLITERATOR Software Disk Rare Game | |
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| Vintage Commodore AMIGA PEGGER JPEG Image Compression Software Disk Rare Game | |
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$34.95 Time Remaining: 2d 23h 52m Buy It Now for only: $34.95 Buy It Now |
| VARIOUS The Commodore Jazz Classics rare jazz LP | |
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$40.00 Time Remaining: 3d 23m Buy It Now for only: $40.00 Buy It Now |
| RARE Commodore PET Programming Book | |
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$19.99 Time Remaining: 3d 1h 44m Buy It Now for only: $19.99 Buy It Now |
| Vintage Commodore 8 pc Set Christmas Figurine Bell Ornaments RARE | |
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$79.00 Time Remaining: 3d 2h 16m Buy It Now for only: $79.00 Buy It Now |
| WOW LK ABSOLUTELY GORGEOUS RARE LAMB LEOPARD COMMODORE HOBO NWT | |
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$250.00 Time Remaining: 3d 2h 26m Buy It Now for only: $300.00 Buy It Now | Bid now |
| ZORK II Commodore 64 128 RARE FRENCH CANADIAN PLASTIC PACKAGING INFOCOM Game | |
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$9.99 (1 Bid) Time Remaining: 3d 3h 17m |
| RARE OCEAN RANGER COMMODORE 64 128 SX 64 Activision Game VINTAGE | |
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$4.99 (1 Bid) Time Remaining: 3d 3h 23m |
| Number Nabber Shape Grabber Commodore 64 Cartridge Tested RARE FREE SHIPPING | |
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$7.49 Time Remaining: 3d 3h 28m Buy It Now for only: $7.49 Buy It Now |
| Lazarian Game Commodore 64 Cartridge Tested Working RARE FREE SHIPPING | |
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$7.49 Time Remaining: 3d 3h 28m Buy It Now for only: $7.49 Buy It Now |
| Blueprint Game Commodore 64 Cartridge Tested Working RARE FREE SHIPPING | |
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$7.49 Time Remaining: 3d 3h 28m Buy It Now for only: $7.49 Buy It Now |
| Jupiter Lander Game Commodore 64 Cartridge Tested Working RARE FREE SHIPPING | |
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$7.49 Time Remaining: 3d 3h 28m Buy It Now for only: $7.49 Buy It Now |
| RARE CASTLE WOLFENSTEIN COMMODORE 64 128 SX 64 Game VINTAGE | |
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$10.50 (2 Bids) Time Remaining: 3d 3h 35m |
| COMMODORE 64 CABLE 6P DIN TO 6PIN DIN BRAND NEW VINTAGE RARE 6 DIN CABLE | |
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$7.00 Time Remaining: 3d 4h 20m Buy It Now for only: $7.00 Buy It Now |
| rare vintage commodore digital Wristwatch NOS NIB | |
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$49.00 (1 Bid) Time Remaining: 3d 4h 55m |
| Excellent RARE Beginners Guide to the Commodore 64 | |
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$22.00 Time Remaining: 3d 8h 16m Buy It Now for only: $22.00 Buy It Now |
| Commodore AMIGA Quickshot Flight Controller Rare | |
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$7.83 Time Remaining: 3d 18h 8m |
| Epyx Fun With Music Commodore Vic 20 C64 COMPLETE Extremely Rare Game | |
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$19.95 Time Remaining: 3d 18h 10m Buy It Now for only: $19.95 Buy It Now |
| Ricochet BOXED Commodore Vic 20 C64 COMPLETE Very Rare | |
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$9.95 Time Remaining: 3d 18h 10m Buy It Now for only: $9.95 Buy It Now |
| Omega Race BOXED Commodore Vic 20 C64 COMPLETE Rare | |
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| Mole Attack BOXED Commodore Vic 20 C64 COMPLETE Rare | |
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$7.95 Time Remaining: 3d 18h 10m Buy It Now for only: $7.95 Buy It Now |
| RARE VINTAGE COMMODORE COMPUTER VIC 20 TAPE RECORDER KEYBOARD BOX | |
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$199.99 Time Remaining: 3d 18h 19m Buy It Now for only: $199.99 Buy It Now |
| Police Quest I 1 Commodore Amiga PC Game Original 1987 35 Rare Vintage Old | |
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$9.95 Time Remaining: 3d 22h 17m |
| CLASSIC CARLECTABLES PETER BROCK SKAIFE BATHURST FAREWELL COMMODORE 143 RARE | |
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$99.00 Time Remaining: 3d 22h 43m Buy It Now for only: $175.00 Buy It Now | Bid now |
| RARE VTG ANTHROPOMORPHIC JAPAN COMMODORE 7 TALL HOUNDS DOGS SALT PEPPER SET | |
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$30.00 Time Remaining: 3d 23h 32m |
| RARE Commodore 64 128 ROBOT 2000 Software for VIC REL | |
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$8.95 Time Remaining: 3d 23h 59m |
| Rare Commodore 64 128 ON LINE Helper 64 by Hands On | |
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$12.95 (1 Bid) Time Remaining: 4d 2m |
| RARE RGA RUMBLE JOYSTICK CONTROLLER VIBRATE SHAKE FEATURE ATARI COMMODORE | |
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$0.99 (1 Bid) Time Remaining: 4d 2h 32m |
| RARE Le STICK MOTION SENSITIVE JOYSTICK CONTROLLER by DATASOFT ATARI COMMODORE | |
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$0.99 (1 Bid) Time Remaining: 4d 2h 41m |
| RESCUE ON FRACTALUS CIB COMPLETE 1985 C64 LUCASFILM GAMES STAR WARS RARE LK | |
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$44.95 Time Remaining: 4d 4h 51m Buy It Now for only: $49.95 Buy It Now | Bid now |
| Complete In Box GORF for Commodore VIC 20 cartridge Cart Version Rare | |
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$19.99 Time Remaining: 4d 6h 11m Buy It Now for only: $19.99 Buy It Now |
| Guy Spy and the Crystals of Armageddon Amiga Commodore PC Game Vintage Rare 1991 | |
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$9.95 Time Remaining: 4d 7h 14m |
| ALMAZZ COMMODORE 64 DISK BY THE EDGE RARE | |
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$2.92 (1 Bid) Time Remaining: 4d 9h 29m |
| HEARTLAND COMMODORE 64 DISK BY ODIN RARE | |
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$2.92 (1 Bid) Time Remaining: 4d 9h 33m |
| REACH FOR THE STARS COMMODORE 64 DISK EXTREMELY RARE | |
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$2.92 Time Remaining: 4d 9h 38m |
| CARRIERS AT WAR 1941 TO 1945 DISK COMMODORE 64 EXTREMELY RARE | |
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$2.92 Time Remaining: 4d 9h 58m |
| A VIEW TO A KILL JAMES BOND FOR COMMODORE 64 CASSETTE RARE OLD TITLE | |
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$0.97 Time Remaining: 4d 11h 44m |
| Rare ACTIVISION SOFTWARE GUIDE for Atari 2600 5200 Commodore Colecovision etc | |
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$5.00 Time Remaining: 4d 14h 33m Buy It Now for only: $5.00 Buy It Now |
| BIG BIRDS FUNHOUSE Commodore 64 game by CBS SOFTWARE RARE COMPLETE | |
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$16.99 Time Remaining: 4d 14h 58m Buy It Now for only: $16.99 Buy It Now |
| PHM PEGASUS Commodore 64 128 game by ELECTRONIC ARTS 1987 VERY RARE | |
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$39.99 Time Remaining: 4d 14h 58m Buy It Now for only: $39.99 Buy It Now |
| Commodore 64 128 X MEN+Madness in Murderworld Muder World+ RARE Comic Book | |
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what would i get for a vt commodore?
here's 1 for the aussies, i am selling my VT commodore nd i am wondering what is the most i can get for it ill type a discription,, 1999 vt v6 holden by design 5 speed getrag manual, hsv bodykit metalic silver, lowerd with king spring super lows "not cut" , 3 inch exuast with exstractors, 17 " mags roh chrome, stage 2 camber kit , drilled nd cut rotors "brakes" , brand new clutch kit solid fly wheel "not dual mass" hsv sports performance chip, custom GTR dash, 15ich kenwood sub 4 6x9 speakers with amps, dvd screen pop out head unit, neons all under the car go by sound of sub, i have put 4 brand new tyres on nd it has 10 months rego it has done 210000kms runs beautiful i was wondering what is the most i can get for it??? i know v6 manual commodores r very rare.
Realistically?
For a quick sale, $6000-$8500 and if you can wait you might top $12,000 depending on a number of factors:
1. As a trade, it is worth much less.
2. Most people are not prepared to pay extra for your mods (speaking as one who has sold cars like yours). If you wait you could find someone who will fork over the extra cash.
3. The manual V6 is indeed rare and that is your selling point.
Modding cars is a bit of a mugs game: few people ever get back what they spend, and your car is essentially a standard VT in good nick with average kays and is worth essentially what the market is prepared to pay. The rest is window dressing really. The VT was not well regarded in terms of quality.
Chipping your car is a negative, as are the neons for many people, sorry to tell you.
Your best bet is to go with a cruiser club or omething....that way the value of your mods might be recognised. The rarity if the manual will still not add much to the value.
Shin Kong Wedbsuh - Full Story On The Eli Lilly And Company V Human Genome Sciences Inc
Jacob LJ, giving his judgment for the Court of Appeal with which the other members of the court agreed, has upheld the decision of Kitchin J that the patent-in-suit was invalid for lack of industrial application. Jacob LJ suggested the case illustrates the dangers of allowing patenting "too far upstream". A patent to an isolated gene sequence without a plausible and precise disclosure of how it can be used is contrary to Art. 52 of the European Patent Convention (EPC). It will subvert the patent system by reserving an unexplored field of research for an applicant, thereby preventing research rather than encouraging it.
The court held the patent invalid despite the Technical Board of Appeal of the European Patent Office (EPO) holding the patent valid just a few months earlier. Jacob LJ emphasised that while the UK courts follow any principles of law clearly laid down by the Boards of Appeal, they "are not bound to follow, or even give deference to, the Board's findings of fact". He reviewed and applied the legal principles established by the Boards regarding industrial application but stressed that the Boards repeatedly held that each case must be decided on its own facts. Preferring the findings of fact of Kitchin J over the Board's, Jacob LJ stressed that the High Court's scrutiny of evidence is more thorough and that the Board's decision rested partly on evidence not before the UK courts. He also respectfully disagreed with specific findings of the Board.
Background
Human Genome Sciences Inc's patent identified a protein, antibodies to it and the polynucleotide sequence encoding for it together with a great number of potential applications. In 2008, in an action brought by Eli Lilly and Company, Kitchin J held at first instance that the patent was invalid. The Opposition Division of the EPO also held the patent invalid. In October 2009, the Technical Board of Appeal of the EPO held more restricted claims of the patent valid.
Industrial Application
The court applied the principle set out in legislation that a gene sequence is not patentable without a disclosure of how it can be used. Reviewing a number of key Board decisions, the court held that the disclosure (in the light of the common general knowledge) must be both plausible and sufficiently precise. These are questions of fact and degree. "Plausible" requires "some real reason for supposing that the statement is true".
Under Art. 52 of the EPC, an invention is only patentable if it is "susceptible of industrial application" ("capable" of industrial application under s. 1 of the Patents Act 1977). Art. 57 of the EPC provides that "[a]n invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture."
Art. 5 of the Biotech Directive (99/44EC) provides:
- The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions.
- An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.
- The industrial application of a sequence or partial sequence of a gene must be disclosed in the patent application.
Recitals 22-24 explain:
22..... Whereas the industrial application of a sequence or partial sequence [of a gene] must be disclosed in the patent application as filed
23.Whereas a mere DNA sequence without indication of a function does not contain any technical information and is therefore not a patentable invention;
24.Whereas, in order to comply with the industrial application criterion it is necessary in cases where a sequence or partial sequence of a gene is used to produce a protein or part of a protein, to specify which protein or part of a protein is produced or what function it performs.
Jacob LJ described Art. 5.3 as a key provision, and summarised the effect of the legislation as: "However clever and inventive you may have been in discovering a gene sequence, you cannot have a patent for it or for the protein for which it encodes if you do not disclose how it can be used."
Jacob LJ reviewed six key Board decisions involving DNA sequences and proteins discovered by bioinformatics and set out ten propositions distilled by Kitchin J from these authorities and others:
- The notion of industry must be construed broadly. It includes all manufacturing, extracting and processing activities of enterprises that are carried out continuously, independently and for commercial gain (Max-Planck).
- However, it need not necessarily be conducted for profit (Chiron [1996] RPC 535) and a product which is shown to be useful to cure a rare or orphan disease may be considered capable of industrial application even if it is not intended for use in any trade at all (ZymoGenetics).
- The capability of industrial exploitation must be derivable by the skilled person from the description read with the benefit of the common general knowledge (Genentech).
- The description, so read, must disclose a practical way of exploiting the invention in at least one field of industrial activity (/Max-Planck; Salk Institute T 338/00).
- More recently, this has been re-formulated as an enquiry as to whether there is a sound and concrete basis for recognising that the contribution could lead to practical application in industry. Nevertheless, there remains a need to disclose in definite technical terms the purpose of the invention and how it can be used to solve a given technical problem. Moreover, there must be a real prospect of exploitation which is derivable directly from the specification, if not already obvious from the nature of the invention or the background art (ZymoGenetics; Bayer T 1452/06).
- Conversely, the requirement will not be satisfied if what is described is merely an interesting research result that might yield a yet to be identified industrial application (Salk Institute). A speculative indication of possible objectives that might or might not be achievable by carrying out research is not sufficient (Max-Planck). Similarly, it should not be left to the skilled reader to find out how to exploit the invention by carrying out a research programme (/ZymoGenetics).
- It follows that the purpose of granting a patent is not to reserve an unexplored field of research for the applicant (Max-Planck) nor to give the patentee unjustified control over others who are actively investigating in that area and who might eventually find ways actually to exploit it (ZymoGenetics).
- If a substance is disclosed and its function is essential for human health then the identification of the substance having that function will immediately suggest a practical application. If, on the other hand, the function of that substance is not known or is incompletely understood, and no disease has been identified which is attributable to an excess or a deficiency of it, and no other practical use is suggested for it, then the requirement of industrial applicability is not satisfied. This will be so even though the disclosure may be a scientific achievement of considerable merit (Max-Planck).
- Using the claimed invention to find out more about its own activities is not in itself an industrial application (Max-Planck).
- Finally, it is no bar to patentability that the invention has been found by homology studies using bioinformatics techniques (ZymoGenetics) although this may have a bearing on how the skilled person would understand the disclosure.
Although Jacob LJ did not expressly approve these propositions, the judgment does not contradict them. In his own review of the authorities, Jacob LJ drew out more general principles. The disclosure of the industrial application must be plausible and specific. What specification is sufficient depends on the facts of the case and involves a question of degree. Although not mentioned in the legislation, the term "plausible" has been repeatedly touched on by the Board. Referring to the definition in the Oxford English Dictionary, Jacob LJ concluded that "[m]ore than 'not incredible' is required - there must be some real reason for supposing that the statement is true". In addition, the statement must be sufficiently precise to be a real practical use such that "[y]ou are not left to find out what that use is".
Jacob LJ also noted that after-patent work showing that a mere speculation within the patent was in fact correct cannot be used to supplement the disclosure in the patent (John Hopkins). He suggested, conversely, that after-patent work of the inventors showing they later "had no real idea of what the invention was for" is a "powerful indication" that the disclosure was insufficient.
On the facts, the court held the patent to be invalid for failure to give plausible disclosure of industrial application. Jacob LJ noted the conclusions of Kitchin J, including that the patent "contains extravagant and sometimes contradictory claims ... from treating cancer to treating worms", that "the skilled person would come to the conclusion that the inventors had no idea as to the activity of [the protein] when drafting the Patent" and that the common general knowledge failed to indentify "any disease or condition which [the protein] could be used to diagnose or treat." Jacob LJ held that, although the protein was connected with a superfamily of proteins in the patent, "the biological effects and activities of that family were so poorly understood that any actual use should be regarded as purely speculative".
The court also rejected that, on the facts, "a kernel of more substance" within the patent amounted to a sufficient disclosure of industrial application. Kitchin J and the Board identified the same "kernel": that the members of the superfamily would be expressed on and co-stimulate proliferation of certain cells. However, the common general knowledge only identified potential uses for particular members of the superfamily. On that basis, it was "too speculative" to suggest a newly found member of the superfamily would have a practical use. Moreover, Jacob LJ noted there was no evidence from the parties "that a skilled man would approach the patent with the ability to distinguish the kernel from the rest".
The UK courts and the Boards of Appeal
Jacob LJ encouraged co-operation between national courts, the EPO and parties to identify and fast track commercially urgent and important cases within the bulk of oppositions started on a precautionary basis only. He then explored the weight UK courts should place on decisions of the Boards of Appeal, concluding that the courts should defer only on principles of law not questions of fact and degree.
Jacob LJ acknowledged that the UK courts follow any principle of law clearly laid down by the Boards unless "sure that the commodore is steering the fleet on to the rocks". However, he stressed that under the EPC system "national courts are the final judges of validity of a patent which has survived the EPO". Referring to Lord Hoffmann's judgment in Conor v Angiotech, Jacob LJ noted that national courts can differ on the facts from the Boards. Jacob LJ stressed, in particular, Hoffman's words "[s]ometimes one is dealing with questions of degree over which judges may legitimately differ", taking from this a clear indication that in this position "the national court is free to go on its own evaluation rather than give deference to a [Board's] assessment".
Moreover, Jacob LJ set out the procedural advantages of the UK courts over the Boards. Jacob LJ explained English procedure requires each side to marshal all its expert, factual evidence and arguments for trial at first instance. The evidence is thoroughly tested by cross-examination and the court may, for complex subject matter, appoint a scientific advisor. On appeal, new evidence is only admissible in very exceptional circumstances and the Court of Appeal gives considerable deference to the lower court's finding of fact and to its value judgments. He noted that similar approaches to appeals were proposed for the European Patents Court of Appeal and adopted for appeals from the Bundespatentsgericht. Jacob LJ contrasted the UK procedure with the "coarse filter" of the Boards, before which there is no cross-examination or compulsory disclosure. He noted that the Boards allow more latitude for fresh material on appeal and was concerned by anecdotal evidence suggesting inconsistencies in the latitude extended.
Concluding from the key cases that sufficient disclosure of industrial application is a question of fact and degree, Jacob LJ indeed chose to go on the UK court's own evaluation rather than defer to the Board's assessment. Jacob LJ held that the decision of Kitchin J on the evidence before him "cannot be faulted". The Board's decision was based at least in part on fresh evidence not before Kitchin J or the Court Appeal and not tested by cross-examination before the Board. Finally, Jacob LJ respectfully disagreed with a number of Board's conclusions regarding evidence before both the Board the UK court.
Comment
We have often reported conflicting views of the UK courts and the EPO, most notably regarding the patentability of computer programs. Here, the Court of Appeal has gone its own way again. The language is respectful and the judgment includes a call for greater co-operation to encourage fast tracking of commercially urgent and important cases. However, Jacob LJ expresses no reluctance or regret in not following the Board in this case.
The legal principle that the UK courts should not defer to the Board in questions of degree is forcefully set out and supported by an unfavourable comparison of the approach to evidence of the Board to that of the UK court. There is even a touch of disrespect in the respectful disagreement when Jacob LJ addresses the "last minute" affidavit admitted by the Board which was "of course ... never tested by cross-examination" and the Board's failure to address a particular paper which it "either overlooked (or did not have)". From this we can conclude that, regarding the validity of EP (UK) patents, the UK court is "for real" (as Jacob LJ put it). Jacob LJ contrasted this with "shadow boxing". Was he thinking of the EPO?
About the Author
David Brown is the Chief Investment Strategist and Director of Equities at Shin Kong Wedbush in Taipei. David is currently managing a top tier team of equities traders and analysts that are dedicated to managed high net worth and hedge fund accounts.
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To contact the financial analyst on this story: David Brown at Shin Kong Wedbush in Taiwan at : Shin Kong Wedbsuh
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