Category: Uncategorized
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Honda has Improper TC3700 Rejection Reversed By the PTAB
Honda is forced to appeal a rejection that fails to pass the red face test.
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Fuji’s Appeal Arguments on Functional Features Falls Short
Be careful when arguing functional language on appeal if the prior art’s structure matches your own.
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Durance – Important Rules Related to Ex Parte Appeal Practice at the PTAB
An important case that provides several practice tips in ex parte appeals before the USPTO PTAB.
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PTAB Reverses in Milwaukee’s Reciprocating Saw Appeal Based on Functional Language
Functional claim language must be considered, even under anticipation.
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What’s going on in TC 3700?
Appeal statistics from TC3700 show a technology center that forces applicants to appeal improper rejections over 50% of the time.
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Handwaving Does Not Work For Anticipation
The PTAB confirms that it is improper for the Examiner to lump distinct components together and redefine them as one of the components.
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BRI – PTAB Confirms Unreasonable Interpretation Improper
Review an example PTAB decision illustrating how recent case law is having a major impact on whether rejections relying on broad, but unreasonable, interpretations will be reversed.
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Reversed, with authority
The PTAB shows that the notice requirement of Section 132 does have teeth. Read about a particularly egregious rejection from art unit 3747.
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Rejections based on the “Capable Of” Test
Do not let examiners slip a rejection by you based on the idea that the prior art is capable of performing claimed actions of a method.