MPEP Q&A 184: What Should a Subject Matter Eligibility Rejection Identify Under Step 2A? - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2019-10-29T14:02:24
Question: A subject matter eligibility rejection under Step 2 should provide an explanation for each part of the Step 2 analysis; Step 2A and Step 2B. What specifically should a rejection identify under Step 2A? Answer: For Step 2A, the rejection should identify the judicial exception by referring to what is recited (i.e., set forth or described) in the claim and explain why it is considered an exception. For example, if the claim is directed to an abstract idea, the rejection should identify the abstract idea as it is recited (i.e., set forth or described) in the claim and explain why it corresponds to a concept that…
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