Category: Uncategorized
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More on Hyatt’s Case on Re-opening
More on the Hyatt case and the USPTO’s arguments against the petition for rehearing.
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Update on Re-opening Prosecution
The USPTO files their responsive brief to Hyatt’s request for rehearing and rehearing en banc.
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There are more than two limited options for sprinkling ingredients onto flowable cheese mass
Combating obviousness rejections that oversimplify the universe of available options.
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Early Data Points Provided By Restrictions
Turn restriction lemons into lemonade and use the sneak peak at the assigned examiner to start making adjustments.
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More on MPEP 2107.04 – Re-opening Prosecution After Appeal
Learn how to take advantage of the examiner’s refusal to enter amendments after final but before appeal.
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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…