Category: Uncategorized
-

Commensurate in Scope
Spot the red flag where the argument you want to make (because it is the strongest) does not match the claim language.
-

Pushing Back Against Improper Restrictions
Mutual exclusivity is commonly alleged, but rarely present, in restricted claims.
-

Defining “Defining”
Read about a Board case where the meaning of “defining” determines the proper BRI claim interpretation.
-

Design Choice and Reminder on BRI
Learn some patent drafting tips to help reduce design choice rejections.
-

Patenting Instructions and the Printed Matter Doctrine
Functionality of printed matter and the application to instructions.
-

Broadest Reasonable (mis)Interpretation
Proper interpretations are not necessarily the goal of some PTAB judges as Apple learns the hard way.
-

“Predetermined” In Patent Claims
Is “predetermined” definite in patent claims? While recommended by do-it-yourself books, the USPTO will make their own determination based on the facts of the case.
-

Timing of Petitions Against Restriction at the USPTO
Strategic considerations for the timing of petitions against restriction
-

BRI is for interpreting claims, not the prior art
Broadest Reasonable Interpretation rules do not necessarily apply to determining what the teachings of the prior art mean.
-

Unintended Waiver
Be careful to fully address every ground of rejection on appeal – shortcuts can lead to unintended waiver.