Tag: philosophy
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Form Over Substance at the PTAB: Why Even Good Legal Arguments Can Lose
The PTAB is not hostile to creative advocacy—but it is unforgiving of arguments that do not conform to its doctrinal templates. Read about a case that reminds us of the fact that before an administrative agency, even a good argument can fail if it does not look like the right argument.
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Claiming What Doesn’t Happen: Issues and Options
Claiming what does not happen can have issues, but there are options to making it work. Read about a recent PTAB decision illustrating one possible approach.
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The Secondary Reference Trap
A recent PTAB decision highlights a common pitfall in obviousness practice — focusing on the wrong reference when arguing about modification of a reference making it unfit for its intended purpose.