¶ 7.05.01 Rejection, 35 U.S.C. 101, Non-Statutory
the claimed invention is directed to non-statutory subject matter because [1]
Examiner Note:
1. In bracket 1, explain why the claimed invention is not patent eligible subject matter, e.g.,
(a) why the claimed invention does not fall within at least one of the four categories of patent eligible subject matter recited in 35 U.S.C. 101 (process, machine, manufacture, or composition of matter), e.g., the claim is directed to a signal per se, a contract between two parties, or a human being; or
(b) why the claimed invention, although nominally falling within at least one of the four eligible categories, is directed to a judicial exception to 35 U.S.C. 101 (i.e., an abstract idea, natural phenomenon, or law of nature); or
(c) why the claimed invention would impermissibly cover every substantial practical application of, and thereby preempt all use of, an abstract idea, natural phenomenon, or law of nature.
2. For a claim that is directed to an abstract idea and is non-statutory, use form paragraph 7.05.011.