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Expert Analysis

Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 2

Law360, New York (October 5, 2015, 10:10 AM EDT) -- Part 1 of this article suggested that the recent examination guidelines for determining subject matter eligibility offer new opportunities for responding to § 101 rejections. Specifically, part 1 proposed a response strategy in view of one new examination guideline suggesting that examiners should not identify a claimed concept as an abstract idea "unless it is similar to at least one concept that the courts have identified as an abstract idea."...

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