How should examiners respond to arguments about claim specificity and non-preemption?
When applicants argue that their claims are specific and do not preempt all applications of an exception, examiners should reconsider their eligibility analysis. The MPEP 2106.07(b) provides guidance: “If applicant argues that the claim is specific and does not preempt all applications of the exception, the examiner should reconsider Step 2A of the eligibility analysis,…
Read MoreHow does the particularity or generality of a claim affect the “mere instructions to apply” analysis?
The particularity or generality of a claim is an important factor in determining whether it constitutes “mere instructions to apply an exception.” The MPEP 2106.05(f) provides guidance on this aspect: “A claim having broad applicability across many fields of endeavor may not provide meaningful limitations that integrate a judicial exception into a practical application or…
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