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September 09, 2015


I believe that this case represents the first application of the CAFC's recent en banc opinion in Williamson v. Citrix. If so, then it shows that the new world of 112(f) claims is going to be very different from the one to which we have grown accustomed.

The strange thing to me is that I have not seen any response from the PTO to the new Williamson regime. The very day that Myriad came down, there was a memo to the examiner corps. Same for Alice. By contrast, there has not been any new guidance that I have seen for the examiner corps to interpret claims in view of Williamson, despite the fact that Williamson's change in standards about when a claim invokes 112(f) has HUGE significance in assessing claim scope. It cannot be a good thing that there are probably thousands of claims currently in prosecution that *should* be examined as 112(f) claims, but which are not being examined as such because no one (literally) has gotten the memo about the new standards for when claims invoke 112(f).

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