Category: Uncategorized
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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.
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Getting Your House In Order Before Appeal
Minimizing re-opening of prosecution after an at least partially successful PTAB decision.
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USPTO Re-opening rubber stamped by Federal Circuit in Hyatt.
Federal Circuit rubber stamps re-opening of prosecution in Hyatt.
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Intellectual Property and the Nobel Prize
The Nobel Prize in Economics Confirms the Criticality of Protecting Innovation
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How Re-opening Responsive to an Appeal Can Give the Applicant Leverage
Re-opening prosecution can sometimes provide the applicant with leverage if it is set up right from the start.