1 Specifically, PTAB appears to have relied heavily on the fact that the patentee submitted expert testimony to support the allowed claim. PTAB found that the invention was directed to an abstract idea of a broker but concluded that the business method claims were eligible under step two of Alice. One could envision such an invention, perhaps, between a casino patron, a players’ rewards program and a third-party, partner restaurant or hotel at which comps could be used (or earned through patronage). 8, 2021), involved a graphical user interface between a consumer, a loyalty program and a vendor. A few very recent Federal Circuit decisions are worth examining, as they provide some additional guideposts regarding what is and is not patent-eligible subject matter.
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