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.”

That strategy involved (1) distinguishing pending claims from those at issue in the cases discussing the asserted abstract concepts and (2) explaining why the reasoning employed by the courts in those...

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