How should examiners analyze claims for integration into a practical application?

When analyzing claims for integration into a practical application, examiners should:

  • Identify any additional elements beyond the judicial exception
  • Evaluate the integration of the judicial exception into a practical application
  • Explain why there are no additional elements, or why the additional elements do not integrate the exception
  • Consider the additional elements individually and in combination

MPEP 2106.07(a) states: “For Step 2A Prong Two, the rejection should identify any additional elements (specifically point to claim features/limitations/steps) recited in the claim beyond the identified judicial exception; and evaluate the integration of the judicial exception into a practical application by explaining that 1) there are no additional elements in the claim; or 2) the claim as a whole, looking at the additional elements individually and in combination, does not integrate the judicial exception into a practical application using the considerations set forth in MPEP §§ 2106.04(d), 2106.05(a)-(c) and (e)-(h).”

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Topics: MPEP 2100 - Patentability, MPEP 2106.07(A) - Formulating A Rejection For Lack Of Subject Matter Eligibility, Patent Law, Patent Procedure
Tags: 101 Rejection, Additional Elements, Judicial Exception, Practical Application, subject matter eligibility