Category: Uncategorized
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When an Examiner tells you exactly the wrong procedure, don’t be led astray
Some examiners will try to defend improper interpretations in the most strange ways. Read about a recent case in the biotech arts.
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Patent Drafting Short-Cuts Come Back To Haunt the Applicant
Failing to give sufficient structure in the specification for certain claim elements leads to invalidity even though novelty and inventiveness are established.
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Improper Hindsight in the Food Processing Arts
See an example where the PTAB confirms the examiner fell victim to improper hindsight.
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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.
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Pushing Back Against Improper Restrictions
Mutual exclusivity is commonly alleged, but rarely present, in restricted claims.
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Defining “Defining”
Read about a Board case where the meaning of “defining” determines the proper BRI claim interpretation.
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Design Choice and Reminder on BRI
Learn some patent drafting tips to help reduce design choice rejections.
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Patenting Instructions and the Printed Matter Doctrine
Functionality of printed matter and the application to instructions.
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Broadest Reasonable (mis)Interpretation
Proper interpretations are not necessarily the goal of some PTAB judges as Apple learns the hard way.
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“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.