In re Marco Guldenaar Holding B.V. (Fed. Cir. 2018)

By Michael Borella — One final 35 U.S.C. § 101 case inched across the finish line at the end of 2018. And while this one is not particular remarkable substantively, its concurrence from a particularly opinionated judge may give it an unwelcome shelf life. Background Applicant Marco Guldenaar Holding B.V. filed U.S. Patent Application No. 13/078,196. During prosecution, the Examiner rejected a number of its claims under § 101 as allegedly being directed to patent-ineligible subject matter (the claims were also rejected as being obvious under § 103). Guldenaar appealed to the Patent Trial and Appeal Board, but the Board…

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