Author: LSE
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Evidence-Based Declarations in Patent Prosecution
Boehringer learns that evidence submitted in a Declaration can be a double-edged sword.
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When Examiners Re-open Prosecution with a Final (after Appeal)
This is a follow-on from a previous post. As our readers have learned, re-opening prosecution responsive to an appeal brief is a nasty habit for some examiners and/or supervisors at the USPTO. As bigpatentdata’s blog points out, only about half of all appeal briefs actually receive an Answer. A lot of that 50% includes re-opening…
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Winston Churchill and Alice Rejections
Facebook and Snap attorneys think that Winston Churchill’s war room is their best argument to invalidate Blackberry patents.
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PTAB Limits Examiner’s Ability To Ignore Claimed Material Worked Upon Under MPEP 2115
The PTAB explains MPEP 2115 and cited case law to help limit the ignoring of claim elements by examiners in 3D printing invention.
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Unnecessary Appeal
Another PTAB reversal of a decision from art unit 3747 involving Sections 112 and 103.
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Single Drawing Sufficient to Show Claimed Design
Learn how a new Federal Circuit case can teach you how to broaden your design patent filings.
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Evidence-Based Claim Construction
Examiner’s claim interpretations must not be inconsistent with the evidence of record.
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Patent Claims with “And/Or”
While examiners may not like “and/or,” the PTAB’s own decisions will likely move more and more applicants toward this language.
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