Category: Uncategorized
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More Reversals in Art Unit 3747
As discussed in previous posts (here, here, here, here, here, here), there are some pockets in the USPTO where some fundamental problems persist, forcing applicants into unnecessary appeals. Today we review two new decision from August in Art Unit 3747, one from Honda and one from GM. In each case, the applicant pointed out clear…
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Obviousness, Hindsight, and Boilerplate
See how examiners user boilerplate to respond to hindsight attacks, and how to re-focus the issue.
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Patenting Examiner Statistics?
The PTAB says NO to patenting examiner statistics, but not for the reason you might think.
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Will an Examiner accept your Preamble as limiting?
Review the rules of whether an examiner must consider preamble limitations.
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Reasonable Expectation of Success
See how declaration evidence can help establish that the examiner has not proven a reasonable expectation of success under the law of obviousness.
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Evidence-Based Declarations in Patent Prosecution
Boehringer learns that evidence submitted in a Declaration can be a double-edged sword.
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When Examiners Re-open Prosecution with a Final (after Appeal)
This is a follow-on from a previous post. As our readers have learned, re-opening prosecution responsive to an appeal brief is a nasty habit for some examiners and/or supervisors at the USPTO. As bigpatentdata’s blog points out, only about half of all appeal briefs actually receive an Answer. A lot of that 50% includes re-opening…
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Winston Churchill and Alice Rejections
Facebook and Snap attorneys think that Winston Churchill’s war room is their best argument to invalidate Blackberry patents.