How does Form Paragraph 7.05.016 differ from 7.05.015 in patent rejections?

Form Paragraphs 7.05.015 and 7.05.016 serve different purposes in patent rejections related to subject matter eligibility under 35 U.S.C. 101. According to MPEP 2106.07(a)(1):

• Form Paragraph 7.05.015 is used to identify the claim as directed to an abstract idea and specify which abstract idea grouping it falls under.
• Form Paragraph 7.05.016 is used “To explain that the claim(s) do not recite additional elements that integrate the judicial exception into a practical application.“

The key differences are:

1. 7.05.015 focuses on identifying the abstract idea itself.
2. 7.05.016 addresses the lack of additional elements that might integrate the abstract idea into a practical application.

Using these form paragraphs in combination allows examiners to provide a comprehensive explanation for why a claim is rejected under the two-step Alice/Mayo test for subject matter eligibility.

To learn more:

• Form Paragraph 7.05.015
• Form Paragraph 7.05.016
• 35 U.S.C. 101
• subject matter eligibility
• practical application