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27 Apr 2013, 8:20 am
Ex parte KuehnOf teaching away:Silence as to a feature of the claims is not a teaching away. [read post]
18 Jan 2013, 6:23 am
Ex parte Dacosta includes references cases which might lead one not to include prior art in a background section.HOWEVER, 102(b) prior art is usually readily identifiable, and admitting the obvious is not such a big deal. [read post]
28 Nov 2007, 3:43 am
Ex Parte interviews of Non-party doctors is the subject of todays Court of Appeals Ruling. [read post]
18 Aug 2016, 8:12 am
Lee presents a question fundamental to all ex parte reexaminations: whether, after the PTO initiates an ex parte reexamination, that proceeding is limited in scope to the question determined to qualify as the “substantial new question of patentability. [read post]
20 Jun 2013, 9:12 am
Ex parte Levy, 17 USPQ2d 1461, 1464 (Bd. [read post]
17 Jun 2013, 10:27 am
from Ex parte ShenIt is well established that “[a]n intended use or purpose usually will not limit the scope of the claim because such statements usually do no more than define a context in which the invention operates. [read post]
14 Oct 2013, 11:37 am
Ex parte HartwigAs to the ordering of steps in a method claimAppellants argue subsequent steps of claim 1, e.g., making a comparison and emitting an alarm, are rendered irrelevant if Preiss’s prior validation is followed. [read post]
11 Jun 2013, 7:13 pm
Ex parte Albert“If a person of ordinary skill, before the time of invention and withoutknowledge of that invention, would have found the invention merely an easilypredictable and achievable variation or combination of the prior art, then theinvention likely would have been obvious. [read post]
7 Jan 2013, 7:12 am
The Board reversed the examiner's obviousness rejection in Ex parte O'Toole:The Examiner’s rejection of claims 14-17, 21-23, 27, 32-34, and 37-48 under 35 U.S.C. [read post]
11 Jun 2013, 7:10 pm
Ex parte HosoiLike our appellate reviewing court, “[w]e will not read into areference a teaching away from a process where no such language exists. [read post]
11 Mar 2013, 8:49 am
From within Ex parte Burgmeister:On the use of figures as prior art:Since the Examiner has failed to identify textual teachings in Burgermeisterregarding the specific arc dimensions, reliance on Figure 4A is insufficientsince figures are not necessarily to scale and Figure 4A does not necessarilydefine precise geometries of the arc. [read post]
3 Jul 2013, 6:45 am
from Ex parte YokotaIndeed, not only have Appellants failed topersuasively rebut the Examiner’s inherency finding,2 reflection off the colorfilm of Wei is a predictable result which follows from common sense thatone of ordinary skill would appreciate. [read post]
25 Jan 2013, 4:01 pm
Within Ex part INGRAMprima facie obviousness is supported by the undisputed facts mentioned earlier and by established legal precedent. [read post]
28 Oct 2023, 8:44 am
Oct. 17, 2023) Prior Blog Posts on the DTSA Ex Parte Seizure Provision * This quick links re. [read post]
18 Dec 2008, 7:00 am
Ex parte John Benny Johnson. [read post]
1 Apr 2013, 7:48 am
From within Ex parte Bourland, application 11/647,964, footnote 1:Although Qian’s provisional application was filed on September 8, 2006—the same day as the present application’s underlying provisional applicationNo. 60/843,041—Appellants do not dispute Qian’s qualification as prior art. [read post]
2 Apr 2013, 1:27 pm
from Ex parte DAMSOHN It is fundamental patent law that “each and every claim limitationmust be explicitly or inherently disclosed in the prior art” for an anticipationrejection to be proper.In re NTP, Inc., 654 F.3d 1279, 1302(Fed. [read post]
1 Feb 2017, 6:08 am
It appears that ex parte seizures have not been abused, as some feared. [read post]
12 Feb 2013, 6:06 am
KSR is invoked in Ex parte Keimel :The Supreme Court has emphasized that “the [obviousness] analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim, for a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ. [read post]
24 Dec 2013, 5:32 am
PTAB affirmed the examiner in Ex parte BEHRIn re Thorpe is citedWe are not persuaded of Examiner error on this basis because if the product in the product-by-process claim is the same as, or obvious from, a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. [read post]
