Questions tagged [101]

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How to tactfully rebut a 101 rejection

I have an application for an invention, let's call it invention X. The examiner has issued a non-final office action with a 101 rejection, the argument of which is basically, "The claims are directed ...
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Why not raise eligibility under 101 after Myriad on granted patents?

I was wondering why lawsuits are not raising the subject matter eligibility under Section 101? For e.g. at the recent news: http://www.law360.com/articles/643635/abbott-wins-another-round-in-20-year-...
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If a claimed invention can be described at a higher level of abstraction, is the claim not merely an abstract idea?

35 USC 101 as interpreted by the Supreme Court does not allow patent claims that merely describe abstract ideas to be examined for a patent. How would the Court's precedent apply in a case in which ...