From: Patrea Pabst [e-mail address redacted] 
Sent: Monday, April 21, 2014 1:28 PM
To: myriad-mayo_2014
Cc: Partners
Subject: Comments

On March 3, 2014, the United States Patent Office issued new guidelines on what
 it considers to be patent-eligible subject matter under 35 U.S.C. 101 in view of 
recent Supreme Court cases.  
The implications are staggering.  The Patent Office has decided that combinations 
of naturally occurring materials are not patent-eligible subject matter unless they 
meet a structural and functional test, and, in contrast to prior case law, places the 
burden on the applicant to show that the claimed subject matter meets these tests.
                The guidelines are now being implemented and office actions are issuing 
that call into question the patentability of many of the claims in our pending cases
 and in THOUSANDS of issued patents.  Just the negative office actions questioning 
the patentability of the claimed subject matter could result in loss of licensing 
opportunities, sponsored research and investments.
We do not agree that the Supreme Court intended to invalidate thousands of patents
 on the basis of patent-eligibility, nor that the Patent Office has the authority to 
rewrite a U.S. statute, 35 U.S.C. 101, through issuance of guidelines not subject to 
review by the American people and their congressional representatives.
                We have urged our clients to immediately contact their congressional
representatives and ask that the Patent Office be encouraged to withdraw these 
guidelines and reassess them in view of the enormous negative effect these 
guidelines will have on thousands of previously issued patents as well as pending 
applications, which in turn is likely to inhibit licensing, investment and sponsored
 research.


Patrea L. Pabst 
Pabst Patent Group LLP 
1545 Peachtree St NE Suite 320 
Atlanta, GA 30309 
[e-mail address redacted] 
404-879-2151