What are some examples of claims that were found to be mere instructions to apply an exception?
The MPEP 2106.05(f) provides several examples of claims that courts have found to be mere instructions to apply an exception: Remotely accessing user-specific information through a mobile interface and pointers without describing how the mobile interface and pointers accomplish the result (Intellectual Ventures v. Erie Indem. Co.) A general method of screening emails on a…
Read MoreWhat are some examples of limitations that courts have described as merely indicating a field of use?
The MPEP 2106.05(h) provides several examples of limitations that courts have described as merely indicating a field of use or technological environment. Here are some key examples: Limiting drug administration to patients with a specific disorder (Mayo Collaborative Servs. v. Prometheus Labs. Inc.) Identifying participants in a hedging process as commodity providers and consumers (Bilski…
Read MoreWhat court cases have addressed intervening rights in reexamination?
Several important court cases have addressed intervening rights in the context of reexamination. The MPEP 2693 cites the following cases: Fortel Corp. v. Phone-Mate, Inc., 825 F.2d 1577, 3 USPQ2d 1771 (Fed. Cir. 1987) Kaufman Co., Inc. v. Lantech, Inc., 807 F.2d 970, 1 USPQ2d 1202 (Fed. Cir. 1986) Tennant Co. v. Hako Minuteman, Inc.,…
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