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Board of Patent Appeals and Interferences - Frequently Asked Questions
Practice Area(s): Board of Patent Appeals and Interferences (BPAI) PDF: BPAI - FAQ.pdf
View ArticleQuestion and Answer with Teddy Gron and Lee Barrett
Practice Area(s): Board of Patent Appeals and Interferences (BPAI) Oblon, Spivak is fortunate and honored to have two distinguished former Administrative Patent Judges (APJs) as integral parts of...
View ArticleAre Your Claims Ready For Appeal?
Practice Area(s): Patent Trial and Appeal Board (PTAB) Authors(s): Joseph E. WrkichThe appeal process during patent prosecution can be long and expensive. According to U.S. Patent and Trademark...
View ArticleBoard 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
View ArticleProduct-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),...
View ArticlePitfalls 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...
View ArticleBoard 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...
View ArticleApplication 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...
View ArticleModification 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
View ArticleThe 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
View ArticleBoard 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),...
View ArticleBoard 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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