Category: Uncategorized
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The Revised Guidelines at the PTAB – where the rubber hits the road.
Another example of the technical problem and solution in the specification saving claims from Alice.
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Return Mail – The Government is Not a Person
The Court rules that the US government cannot make use of AIA provisions for challenging patents.
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Patent Eligibility – The Claim is No Longer the Name of the Game
Section 101 appeal decisions at the PTAB are de-emphasizing the claims.
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Product-By-Process or Structure?
A close case at the PTAB on whether a sheet having co-extruded areas is a structural limitation or product-by-process.
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Anticipation Short Cuts
Do not let examiners take short-cuts with anticipation. Even if a single reference shows all claimed elements, if it does so only by pointing to different embodiments, a case of anticipation has not been established. Specifically, it is well settled that combining separate embodiments of a single reference is improper without some teaching to do…
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Creating Issues Where There are None
Examiners sometimes focus on creating uncertainty rather than reducing it.
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Prior Art Date Manipulation on the Internet
Many internet publications are susceptible to date manipulation – yet examiners still cite them.
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Mastercard saves dependent claims in Section 101 PTAB Appeal
This Mastercard Section 101 PTAB decision illustrates many important issues on how to handle subject matter eligibility.