Author: LSE
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Unique Issues in Ex Parte Apellate (PTAB) Briefs
Some tips for ex parte appeal practice – you must address every possible rationale the examiner throws out. Failure to do so can spell big trouble.
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When Prior Art Discloses Extra Features
Understanding how to distinguish the prior art is a fundamental aspect of practicing patent law. One common area that trips up even experienced practitioners is the distinction between the prior art missing a feature of the invention, and the prior art having an additional feature compared to the invention. When put this way, the distinction…
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Patent Drafting Tips for Estimation Algorithms
Find some drafting tips to reduce 101 risks for estimation algorithms.
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Another Examiner’s Answer with Glaring Errors Blessed by the USPTO’s RQAS
Quality specialists may not be experts at quality patent examination.
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Cole Haan Puts a Spring Back in Your Step
Cole Haan fights hard on a patent application for a pre-loaded spring feature and overcomes inherency arguments by the USPTO.
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Relative Dimensions in Patent Claims
Learn how to avoid and overcome rejections based on the idea that the only difference from the prior art is a relative dimension.
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How to Attack Impropr Double Counting in an Examiner’s Rejection
An examiner cannot generally get away with citing the same teaching in the prior art for two separate claim elements of the same claim. See an example from Honda in this post.
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Non-Analogous Art – Following the Breadcrumbs
See an example of how PTAB judges think through the analogous art test.
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Conjuring Up Disclosure by Happenstance – A Little Imagination Goes A Long Way
Netflix tries to argue against disclosure by happenstance for their fixed time preview license.