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In this third decision, the Federal Circuit once again reconsiders the issue in light of a new Supreme Court case, this time the 2014 Alice decision.The Court found that novelty of the claims is to be considered only in connection with step two of the Alice test, not step one.Second, it is necessary to determine whether or not the claim contains an "inventive concept" outside the abstract idea, with the term "inventive concept" defined to mean "an element or combination of elements that is 'sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.'"The apparatus claims covered "device profiles" for an imaging device, where the profiles described various properties of the device.The court found these claims to be pure data, not method or apparatus claims, and therefore rejected the claims as non-statutory under Nuitjen.The court was guided by two principles: that it is important that the claim does not preempt the entire use of the natural law, and that the additional elements added to the claim beyond the natural law must be significant in that they cannot merely involve steps that are well-understood, routine, and conventional.
This is the third Ultramercial decision by the Federal Circuit.
The sheep were considered genetically identical to another sheep, and therefore did not possess markedly different characteristics from any farm animals found in nature. Kappos decisions, the Supreme Court unanimously decided that the claims in this case were unpatentable under Section 101.
Although the case was decided after the Supreme Court's Mayo decision, the Federal Circuit did not apply step two of the Mayo/Alice test. The Court set forth a two-part test for analyzing whether or not a claim is unpatentable for claiming an abstract idea.
The Supreme Court analyzed the patentability of gene sequencing inventions under Section 101.
The court found that isolating naturally occurring gene fragments did not result in the invention of anything that was not found in nature.