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When “Common Knowledge” Weakens a Rejection: A Critical Look at Examiner Assertions
When “Common Knowledge” Weakens a Rejection: A Critical Look at Examiner Assertions

Examiners often invoke "common knowledge" to support obviousness rejections, but without evidence, this can actually weaken their case. Learn how to challenge these rejections and push back effectively in our latest blog post!

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Navigating Claim Amendments at the USPTO When Support is Open to Attack
Navigating Claim Amendments at the USPTO When Support is Open to Attack

Even when a claim amendment is accepted by the examiner, lack of support in the specification can open the door to a broader interpretation than intended.

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Using Design Patents as Prior Art in Utility Applications: What Patent Prosecutors Need to Know
Using Design Patents as Prior Art in Utility Applications: What Patent Prosecutors Need to Know

While design patents can serve as prior art in utility applications, their lack of technical disclosure can limit their effectiveness in supporting obviousness rejections. When facing a rejection based on a design patent, look closely at the examiner’s reasoning—especially whether the modification is allegedly motivated by unsupported functionality or just aesthetics.

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Disclaimer - Note that the views expressed herein do not represent the views of any law firm or client, and may not even represent the views of the author. This blog is NOT legal advice and is for informational purposes only. No attorney client relationship can be formed by reading this blog or using any of the information provided. The accuracy of the information provided has not been verified.