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3 Jan 2013, 8:28 am by Lawrence B. Ebert
Ex parte Borden, 93 USPQ2d 1473 (BPAI 2010) and In re Watts, 354 F.3d 1362 (CAFC 2004) were cited.The matter of non-functional descriptive material was discussed with citations to Ex parte Nehls, 88 USPQ2d 1883 (BPAI 2008 ) and Ex parte Curry, 84 USPQ2d 1272 (BPAI 2005). [read post]
1 May 2013, 6:53 am by Lawrence B. Ebert
Crane and Spada are cited.The Board's 1991 decision in Ex parte Tanksley is cited.Ex parte Borden on reply briefs is cited. [read post]
15 May 2013, 8:21 am by Lawrence B. Ebert
Within Ex parte Ali , one finds a cite to In re Keller, 642 F.2d 413, 425 about appellant NOT taking into account "the collective teachings of the prior art." [read post]
24 Dec 2014, 5:01 am by Lawrence B. Ebert
A message from Ex parte ANSCHUTZ is the need to develop all needed arguments in the opening brief. [read post]
28 May 2013, 10:41 am by Lawrence B. Ebert
See Ex parte Borden, 93 USPQ2d 1473, 1474 (BPAI2010) (informative).We sustain the rejection of claim 1 under 35 U.S.C. [read post]
9 May 2013, 9:21 pm by Lawrence B. Ebert
See Ex parte Borden, http://www.uspto.gov/ip/ boards/bpai/decisions/inform/fd08004312.pdf (informative) (Appellant fails to “explain what ‘good cause’ there might be to consider the new argument. [read post]
5 Feb 2014, 8:38 pm by Lawrence B. Ebert
Ex parte Borden, 93 USPQ2d 1473, 1474 (BPAI 2010) (Informative). [read post]
25 Nov 2013, 9:00 pm by Lawrence B. Ebert
Cir. 2004); see also Ex parte Nehls, 88 USPQ2d 1883, 1887-89 (BPAI 2008) (precedential) and Ex parte Curry, 84 USPQ2d 1272 (BPAI 2005), aff’d (Fed. [read post]
10 Oct 2013, 5:21 am by Lawrence B. Ebert
Ex parte Borden, 93 USPQ2d 1473, 1477 (BPAI 2010) (informative) (“Properly interpreted, the Rules do not require the Board to take up a belated argument that has not been addressed by the Examiner, absent a showing of good cause. [read post]
27 Dec 2012, 7:50 am by Lawrence B. Ebert
Ex parte Borden, 93 USPQ2d 1473, 1474 (BPAI 2010) (informative). [read post]
11 Dec 2012, 6:43 am by Lawrence B. Ebert
See Ex parte Borden, 93 USPQ2d 1473, 1473-74 (BPAI 2010) (“informative” ) (absent a showing of good cause, the Board is not required to address argument in Reply Brief that could have been presented in the principal Brief). [read post]
22 Jan 2010, 1:05 pm by Dennis Crouch
Ex parte Nakashima (BPAI 2010); Ex parte Borden (BPAI 2010) Two recent expanded-panel BPAI decisions both consider the situation where a patent applicant presents arguments in a reply brief even though the arguments could have been raised by in the principal brief.  [read post]
29 Nov 2012, 11:16 am by Lawrence B. Ebert
Ex parte Borden, 93 USPQ2d 1473, 1474 (BPAI 2010) (informative). [read post]
2 Apr 2018, 6:40 am
  Even after consideration of the claims' recitations of the changing the communication paths and the inclusion of status identifiers, "applicant's claims are still directed to the abstract idea of determining when to display content on machines based on availability with the only modifications being to which part talks to which part of the system and how the system identifies when a part of the system is busy or how to schedule the transmission. [read post]
23 Nov 2011, 5:25 am by Jon Hyman
(re: Sharing His Faith) – from The HR Capitalist, Kris Dunn Public Criticism of Discrimination Claim as Retaliation – from Phil Miles’s Lawffice Space The 2011 EEOC Performance and Accountability Report – from Employment & the Law Social Media & Workplace Technology Managing Your Social Media Mullet—Part 1 – from Jessica Miller-Merrell’s Blogging4Jobs Social Media Training is Important – and More Companies Need To Do It – from Lindsay Walker at i-Sight… [read post]
19 Jun 2013, 7:16 pm by Lawrence B. Ebert
Ex parte Borden, 93 USPQ 2d, 1473, 1474 (BPAI 2010)Keller is mentioned:Requester correctly argues that the test is not whether the features of asecondary reference can be bodily incorporated into the primary reference,but what the combined teachings would have suggested to one of ordinaryskill in the art. [read post]
17 Feb 2011, 9:08 pm
On appeal, as throughout ex parte proceedings, the burden is on the Board to establish prima facie unpatentability to a preponderance of evidence. [read post]