Category: Uncategorized
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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.
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NOVARTIS PHARMACEUTICALS and NEGATIVE LIMITATIONS
A recent Federal Circuit case on negative limitations provides some ammunition for applicants having trouble with written description rejections at the USPTO, especially when citing MPEP § 2173.05.
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Patent Applicant Overcomes Rejection Ignoring “Configured to” Limitation
WRC’s patent application overcomes an examiner ignoring “configured to” limitations and redrafting claim elements to suit the rejection.
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Caution: Paraphrasing Claim Elements in Arguments
When you paraphrase claim elements in arguments, any perceived narrowing can open the door to the USPTO ignoring the your point.
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