tag:blogger.com,1999:blog-6733236595417664807.post461138039105613862..comments2024-03-05T06:00:22.338-05:00Comments on All Things Pros: Would Diehr and Morse Be Invalid Under the §101 Mayo Test?Karen G. Hazzahhttp://www.blogger.com/profile/14864564225463528630noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6733236595417664807.post-21005172822357890142016-04-05T15:24:13.878-04:002016-04-05T15:24:13.878-04:00Thank you for your comment. I completely agree wi...Thank you for your comment. I completely agree with this application of the Alice/Mayo test set forth in the USPTO Interim Guidance. However, I would offer that in a vacuum and considering very similar circumstances (e.g., similar claim elements, similar specification, etc.) that quite a few Examiners would issue a 101 rejection under these circumstances. Tyson Bensonhttps://www.blogger.com/profile/18336982689048990753noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-36197519410934990652016-03-28T11:04:20.330-04:002016-03-28T11:04:20.330-04:00The USPTO Interim Guidance issued in 2014 analyzed...The USPTO Interim Guidance issued in 2014 analyzed the Diamond v. Diehr case in light of the Alice/Mayo test and found the claim eligible. See page 74626<br />https://www.gpo.gov/fdsys/pkg/FR-2014-12-16/pdf/2014-29414.pdf Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-38920903779263510262016-03-21T15:35:43.997-04:002016-03-21T15:35:43.997-04:00A finding that elements of the claimed invention w...A finding that elements of the claimed invention were "well-understood, routine, and conventional activity” says nothing about whether the claimed invention is directed to an "abstract idea." However, welcome to the new world order, brought to you by SCOTUS, that turns the meanings of words upside down and 35 USC is treated as being advisory (subject to the whims of the Court).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-51282694280200217572016-03-18T13:17:07.556-04:002016-03-18T13:17:07.556-04:00If the case did make it through the USPTO gist mac...If the case did make it through the USPTO gist machine, it certainly would not make it past a circuit court judge who typically want nothing more than to rid their docket of patent cases. Anonymousnoreply@blogger.com