IN RE: MARCO GULDENAAR HOLDING B.V.
- Dec 31 2018 |
- Category: CAFC Updates
Marco Guldenaar Holding B.V. appeals the final decision of the Patent Trial and Appeal Board affirming the rejection of certain claims of U.S. Patent Application No. 13/078,196 under 35 U.S.C. § 101 for claiming patent-ineligible subject matter. Because the claims are directed to the abstract idea of rules for playing a dice game and the only arguable inventive concept relates to the dice markings, which constitute printed matter, the CAFC affirms. Judge Mayer presents a separate opinion which, while concurring in the judgment, takes issue with the Court’s statement that the patent eligibility inquiry “may contain underlying issues of fact,” and expresses his view that claims directed to dice, card, and board games can never meet the section 101 threshold because they endeavor to influence human behavior rather than effect technological change.