Ohlandt, Greeley, Ruggiero & Perle, LLP is pleased to report that it has successfully persuaded the Patent Trial and Appeal Board (PTAB) to reverse the USPTO’s holding that Nippon Telegraph and Telephone Corporation’s patent application number 14/912,054 is directed to a judicial exception, without significantly more, and, thus, not patent eligible under 35 USC §101. This reversal was based upon the recently issued 2019 Revised Patent Subject Matter Eligibility Guidance, 843 Fed. Reg. 50 (January 7, 2019). PTAB concluded that the claims integrate the judicial exception into a practical application (Step 2A, Prong 2), because the claimed channel decoding device detects generation of lost data in a channel and decodes the lost data “thus yielding corrected data.” The Board then reversed the Examiner by holding that claim 1 implements an improvement in communication technology that more efficiently corrects for lost data in a channel. See the attached Board Decision and granted US Patent No. 10,511,331.”
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