Friday, May 08, 2020

Pro se appellant Jobin loses at the CAFC: "conclusory statements unmoored from specific claim language"


Of conclusory arguments:



Despite its expansive language and its recitation of
servers and databases, claim 221 of Jobin’s application is,
at bottom, directed to the collection, organization, grouping, and storage of data using techniques such as conducting a survey or crowdsourcing. As the Board correctly
concluded, this claim is directed to a method of organizing
human activity—a hallmark of claims directed to abstract
ideas. See Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d
1350, 1354 (Fed. Cir. 2016) (“[W]e have treated analyzing
information by steps people go through in their minds . . .
without more, as essentially mental processes within the
abstract-idea category.”). The server and database recited
in the claim are merely tools used for organizing human
activity, and are not an improvement to computer technology. Thus, the claim does not present any specific asserted
improvement in computer capabilities. We reject Jobin’s
arguments to the contrary, which amount to nothing more
than conclusory statements unmoored from specific claim
language.


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