In affirming the Board's decision, the court reasoned that the claimed method of playing a dice game including placing wagers on whether certain die faces will appear face up is directed to a method of conducting a wagering game that was held patent-ineligible in In re Smith, 815 F.3d 816 (Fed. Cir. 2016). In dismissing the appellant's argument that the die markings on one, two, or three die faces amounts to "significantly more" than an abstract idea, the Court held that the markings constitute printed matter that falls outside the scope of Section 101 and the method of playing a dice game does not recite an inventive concept sufficient to transform the claimed subject matter patent-eligible. The alternative arguments based on obviousness were not reviewed by the court as the rejection of the appealed claims were affirmed under Section 101.
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