The examiner concluded the claims were directed to the abstract idea of rules for playing a game, which fell within the realm of methods of organizing human activities. The examiner further found the claims were unpatentable as obviousness over old and well known to dice games, applying the printed matter doctrine… Marco also contended that its claimed method of playing a dice game could not be an abstract idea because it recites a physical game with physical steps. The Court rejected this argument “because the abstract idea exception does not turn solely on whether the claimed invention comprises physical versus mental steps.” Since the only arguably unconventional aspect of the recited method of playing a dice game was found to be printed matter, thus falling outside the scope of § 101, the rejected claims did not recite an “inventive concept” sufficient to “transform” the claimed subject matter into a patent-eligible application of the abstract idea.
The post Federal Circuit Relies on Printed Matter Doctrine in Affirming Examiner’s Rejection of Claims Under 35 U.S.C. § 101 appeared first on IPWatchdog.com | Patents & Patent Law.
- Other Barks & Bites for Friday, February 23: Intel and Microsoft Announce Landmark Chip and IP Deal; Court Overturns $1 Billion Copyright Infringement Ruling Against Cox; and Reddit and Google Set to Announce AI Content Licensing Agreement
- Members of Congress Blast Biden on March-In Proposal and Pandemic Accord
- Rader’s Ruminations: The Most Striking (and Embarrassing) Legal Mistake in Modern Patent Law
- Supreme Court Denies Five IP Petitions on Issues from IPR Joinder to Contributory Trademark Infringement
- ‘Where Are the Designers on This?’: Some Post-Argument Thoughts on LKQ v. GM