How does insignificant extra-solution activity relate to the well-understood, routine, conventional consideration?
The relationship between insignificant extra-solution activity and the well-understood, routine, conventional consideration is addressed in MPEP 2106.05(g). The MPEP states:
“Because this overlaps with the well-understood, routine, conventional consideration, it should not be considered in the Step 2A Prong Two extra-solution activity analysis.”
This means that when evaluating whether an additional element is insignificant extra-solution activity, examiners should not consider whether the activity is well-understood, routine, or conventional in Step 2A Prong Two. Instead, this consideration is reserved for Step 2B of the eligibility analysis.
The MPEP further clarifies: “Note, however, that examiners should not evaluate the well-understood, routine, conventional consideration in the Step 2A Prong Two analysis, because that consideration is only evaluated in Step 2B.”
This distinction is important because it separates the analysis of whether an element is insignificant extra-solution activity from whether it is well-understood, routine, and conventional, ensuring a proper and thorough evaluation of patent eligibility.
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