It seems to be more and more common for claims to pass muster under 35 USC §103 only to be shot down by the muddy metaphysics of 35 USC §101. I wonder if a panel of the Federal Circuit will someday pronounce a rule that if a claim satisfies 35 USC §103, then there is presumption that the claim is a technical advance. The burden would then be on the party challenging the claim to rebut that presumption.
For example, in Interval Licensing v. AOL, Judge Chen wrote for the court:
Considered as a whole, the claims fail under § 101’s abstract idea exception because they lack any arguable technical advance over conventional computer and network technology for performing the recited functions of acquiring and displaying information.
INTERVAL LICENSING LLC v. AOL, INC., No. 2016-2502 (Fed. Cir. July 20, 2018).