Alice on Dulany Street: How the PTAB Handles 101 in Ex Parte Appeals
By Eli Mazour & James Bennin
“The outlook has become only more grim for appellants who are hoping that the PTAB will overturn a § 101 rejection.”
Previously, we analyzed ex parte appeal decisions by the Patent Trial and Appeal Board (PTAB) from the year following the Alice v. CLS Bank decision. At the time, we concluded that the PTAB is unlikely to reverse § 101 rejections based on Alice. We decided to revisit this conclusion based on ex parte appeal decisions from December 2016.