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Are Your Claims Ready For Appeal?

Practice Area(s): Patent Trial and Appeal Board (PTAB)The appeal process during patent prosecution can be long and expensive.  According to U.S. Patent and Trademark Office statistics, the average...

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Board Again Reverses An Obviousness Rejection For Examiner’s Failure To...

Practice Area(s): Patent Trial and Appeal Board (PTAB)In Ex parte Fulton (Appeal 2011-001486, in U.S. Serial No.read more

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Product-by-Process Not Obvious Over a Reference ‘Capable of’ Undergoing the...

Practice Area(s): Patent Trial and Appeal Board (PTAB) Authors(s): Christopher D. BayneIn Ex parte Babcock (Case No. 2011-011726, in Application Serial No. 10/636,834, decision issued May 9, 2012),...

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Pitfalls of Appealing an Improper Claim Interpretation

Practice Area(s): Patent Trial and Appeal Board (PTAB) Authors(s): James R. LoveA recent Board of Patent Appeals and Interferences (BPAI) decision, Ex parte CHARLES J. COHEN et al. (Appeal...

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Board Finds Examiner’s Sole Reliance on a Per Se Rule of Obviousness Improper

Practice Area(s): Patent Trial and Appeal Board (PTAB) Authors(s): Beau B. Burton, Ph.D.In Ex Parte Nakhamkin, the Board reversed the examiner’s obviousness rejection as relying solely on a per se...

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Application of the “Capable of” Test when a Controller with Associated...

Practice Area(s): Patent Trial and Appeal Board (PTAB) Authors(s): Chad E. GorkaIt is firmly rooted that because an apparatus is a structure, an apparatus must be distinguished from prior art on the...

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Modification Must Be Satisfactory For The Intended Use

Practice Area(s): Patent Trial and Appeal Board (PTAB)In a recent decision, Ex parte Kleinwaechter (Appeal No. 2011-009329, Serial No.read more

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The Examiner Must Explain Why Evidence Submitted In Rebuttal To A Prima Facie...

Practice Area(s): Patent Trial and Appeal Board (PTAB) Authors(s): Daniel J. Pereira, Ph.D. Authors(s): Yuki OnoeIn Ex parte Treacy et al. (Appeal 2011-008520; Application serial no.read more

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Board Applies Mayo Collaborative Servs. v. Prometheus Labs., Inc. and Rejects...

Practice Area(s): Patent Trial and Appeal Board (PTAB) Authors(s): Christopher D. BayneIn Ex parte Potts (Case No. 2011-004700, in Application Serial No. 11/690,745, decision issued July 17, 2012),...

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Board Finds Examiner Doth Protest Too Much; Reverses Obviousness Rejection

Practice Area(s): Patent Trial and Appeal Board (PTAB) Authors(s): Beau B. Burton, Ph.D.In Ex Parte Ransquin, the Board reversed the Examiner’s obviousness rejection noting that the Examiner’s...

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