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ARTICLE · 02 JANUARY 2019

Federal Circuit Patent Update - December 31, 2018

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Chen, J. Affirming the PTAB's decision that the patent applicant's claims were correctly rejected under 35 U.S.C. § 101 for claiming patent-ineligible subject matter.

United StatesIntellectual Property

Precedential Federal Circuit Opinion

1 IN RE: MARCO GULDENAAR HOLDING B.V. [OPINION - PRECEDENTIAL] (2017-2465, 12/28/2018) (Chen, Mayer and Bryson)

Chen, J. Affirming the PTAB's decision that the patent applicant's claims were correctly rejected under 35 U.S.C. § 101 for claiming patent-ineligible subject matter. The Court explained that the rejected claims were directed to the abstract idea of rules for playing a dice game and the only arguable inventive concept related to the dice markings, which are patent-ineligible printed matter. Judge Mayer concurred in the judgment.

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