Category: Uncategorized
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Cut the Curd – Dealing with Difficult Examination
An improved method of cutting cheese curd overcomes examiner shenanigans at the PTAB.
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GSK Has Obviousness Rejection Affirmed
Who has the burden to establish negative limitations – Applicant or Examiner?
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Toyota has improper 101 rejections overturned by PTAB
Some more improper rejections from Art unit 3747.
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Restriction or Rejection?
Every patent prosecutor knows, or should know, that restriction requirements are petitionable, but not appealable to the PTAB. However, there is at least one exception to this general rule, and the USPTO’s updated MPEP calls it out with a new section. Specifically, with regard to Markush claims, the Examiner is not allowed to placed a…
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Provisional Double Patenting on Appeal
Provisional double patenting rejections at the PTAB often result with a “punt”.
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Framing the Argument
Proper framing of the argument as to why a reference fails to show a claimed feature.
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Declaration Evidence Must Be Addressed During Examination
Don’t let examiners and supervisors ignore declaration evidence.
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No Art Rejection
Can an examiner issue a first office action without examining the claims for novelty and inventiveness by alleging the claims are too unclear?
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Furtive Glances, Cohorts, and Collusion (oh my!)
Sometimes high-tech isn’t so high-tech, and that’s when Section 101 can be trouble.
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Structure vs. Method of Making
Method of manufacture limitations in a structural claim can be limiting.