But still the USPTO leadership is in no hurry to provide guidance to patent examiners, although I’ve been told that patent examiners are already taking matters into their own hands and ruling such things as board games patent ineligible based on the belief that the Federal Circuit and PTAB are significantly cutting back on what is patent eligible. So now at least some on the PTAB are exceptionally hostile to software patents, at least 5 judges on the Federal Circuit are extremely hostile to software patents, and cases continue to be decided at the Federal Circuit without the Court having a unified position. A similar rational was used by the Supreme Court in Bilski v.