SSJR attorneys successfully overcome a rejection under Alice v. CLS Bank and 35 U.S.C. § 101 directed to software entitled: “Multi Layered Webpage Tool,” which was published under U.S. Pat. Pub. No. US-2011-0040633.
Notably, the Alice rejection was issued after a successful appeal by SSJR on prior art grounds. In particular, SSJR successfully argued that the rejection incorrectly characterized the claims as comprising an abstract concept or idea. After withdrawal of all the rejections, the patent is expected to issue in due course.
While Alice v. CLS Bank has generated uncertainty in the prosecution of software patents, SSJR continues to have good success in obtaining allowances of software patents for its clients.