Federal Circuit Won't Review USPTO's Alice Guidelines

On March 10, 2016, the Federal Circuit ruled that it cannot review the U.S. Patent and Trademark Office's patent-eligibility guidelines to examiners on how to apply the Supreme Court's Alice ruling.  The appeals court held that could not consider the USPTO's Interim Eligibility Guidance because it did not create any substantive or procedural right enforceable against the USPTO. In re Smith, Case No.  2015-1664, 2016 WL 909410, (Fed. Cir. Mar. 10, 2016) (precedential).

Applicants Ray and Amanda Tears Smith appealed the USPTO Board's final decision affirming the rejection of claims 1–18 of U.S. Patent Application No. 12/912,410 for claiming patent-ineligible subject matter.  The Patent Application, titled "Blackjack Variation," related to a wagering game implemented on a computer.