Author: LSE
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Overcoming Restrictions of Method of Treatment Claims
Some tips if you are prosecuting treatment methods and encounter restriction roadblocks.
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Invention for Evaluating Placement of an Electrode on a Hypoglossal Nerve Through Airway Response to Stimulation
This case illustrates not only how methods with mental steps can survive an Alice rejection at the PTAB, but also an overall strategy for handling cases landing on the desk of an examiner determined to make life difficult for the applicant.
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More Improper Rejections Reversed in Art Unit 3700
The PTAB confirms that it is improper to reject distinct claim limitations of a claimed method with the same single element in the cited reference.
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Attacking References Individually
It is easy to contravene the prohibition against individually attacking references used in an obviousness combination. This post dissects the issues and proposes a few ways to reduce the ability of the USPTO to simply dismiss your arguments.
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Honda has Improper TC3700 Rejection Reversed By the PTAB
Honda is forced to appeal a rejection that fails to pass the red face test.
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Fuji’s Appeal Arguments on Functional Features Falls Short
Be careful when arguing functional language on appeal if the prior art’s structure matches your own.
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Durance – Important Rules Related to Ex Parte Appeal Practice at the PTAB
An important case that provides several practice tips in ex parte appeals before the USPTO PTAB.
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PTAB Reverses in Milwaukee’s Reciprocating Saw Appeal Based on Functional Language
Functional claim language must be considered, even under anticipation.
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What’s going on in TC 3700?
Appeal statistics from TC3700 show a technology center that forces applicants to appeal improper rejections over 50% of the time.