The inventors here discovered previously unrecognized advantages of gender-specific baby formulas, but were not able to articulate the invention in claims that could distinguish the prior art gender-neutral formulations.

A strong argument does more than merely parrot the cited claim limitations, as well as the cited portions of the prior art, by also comparing or contrasting the difference therebetween.

When examiners play fast and loose with the mapping rule, it provides a better opportunity for the applicant to succeed on appeal.

What automated tools are you using to monitor your competitor’s patent filings, and what do their drawings tell you?

My kids are well past playing with food and utensils, but I remember the constant clean-up of those times. We used to joke about lining the kitchen with plastic wrap. Which brings us to the “pre-spoon” – something you use to train your children before they graduate to a real spoon. Numnum’s has a well-designed…

How to avoid intended use in control system inventions.

A key decision for all patent applicants – whether to file a continuation application. Some guidance on how to decide.

A recent PTAB decision on recusal standards – worth a read.

Difficulties in prosecution are multiplied by re-issue rules that act to limit the applicant in their ability to broaden claims in a broadening reissue application.

Be careful when arguing claim elements – if the specification provides a broadening of those terms, the USPTO will use it to support their overly broad interpretation.