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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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).”