From: Wainer, Jonathan [e-mail address redacted] Sent: Friday, June 27, 2014 11:23 AM To: myriad-mayo_2014 Subject: The USPTO’s Subject Matter Eligibility Guidance instructs examiners to consider only whether elements other than the natural product(s), natural phenomenon, or law of nature support eligibility. The Supreme Court decision in Alice shows that that approach is erroneous. Under Alice and Mayo, Examiners should be instructed to consider all claim elements “individually” and “in … combination” when assessing eligibility. Jonathan J. Wainer (Reg. No. 36,707) IP Counsel PowerAdvocate (O) 857 453 5805 - (M) 617 997 1162 - (F) 857 453 5656 179 Lincoln St. - Boston, MA 02111 www.poweradvocate.com