In Re Google LLC, No. 22-1012 (Fed. Cir. 2023)
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Google’s 093 patent application discloses methods for filtering the results of an internet search query such that only results appropriate for the user (e.g., age-appropriate) are displayed.. According to the disclosed method, each result of a search query is assigned a “content rating class” indicating the suitability of the associated content (e.g., suitable for all ages). The Patent Trial and Appeal Board affirmed an examiner’s rejection of multiple claims of the application, citing 35 U.S.C. 103.
The Federal Circuit vacated and remanded for further proceedings. The court rejected arguments that the claims were obvious in light of prior art because those arguments did not reflect the reasoning or findings the Board actually invoked. Although the Board concluded that modifying prior art to take into account query length would have been obvious, there was no discussion of how such a modification would be accomplished. The Board’s expressed reasoning cannot sustain its rejection of the claims. The prior art arguments rest on factual predicates unaddressed by the examiner or Board.
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