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19 Mar 2013, 7:00 am
The appellant prevailed at the Board in Ex parte HartleyWithin the decision, Perricone is cited for the law on anticipation:“A single prior art reference that discloses, either expressly or inherently, each limitation of a claim invalidates that claim by anticipation. [read post]
15 Apr 2013, 7:10 am
from Ex parte LIVERSIDGE As stated in In re Oetiker, 977 F.2d 1443, 1445 (Fed. [read post]
30 Nov 2012, 7:20 am
As to anticipation in the matter of ranges, Ex parte Haese notes:When the prior art discloses a range that overlaps a specified range, but no specific examples falling within the specified range are disclosed, a fact-dependent question arises as to whether the reference describes the claimed subject matter “with sufficient specificity to anticipate” the claim. [read post]
30 Nov 2012, 7:20 am
As to anticipation in the matter of ranges, Ex parte Haese notes:When the prior art discloses a range that overlaps a specified range, but no specific examples falling within the specified range are disclosed, a fact-dependent question arises as to whether the reference describes the claimed subject matter “with sufficient specificity to anticipate” the claim. [read post]
21 Mar 2024, 8:51 am
GmbH as a Possible Trademark Troll The post Judge Hammers SEC for Lying to Get an Ex Parte TRO–SEC v. [read post]
12 Mar 2013, 4:43 pm
IBM got reversal on an indefiniteness rejection under 112 P2, but lost on 102/103 in Ex parte Stading.Of the indefiniteness:35 U.S.C. [read post]
28 Jul 2021, 11:12 am
The post Do not be “Crossed,” Prior Inter Parte Reexamination Decision Can Have Issue Preclusive Effect appeared first on Dunlap Bennett & Ludwig. [read post]
31 Jan 2011, 3:10 am
This is because applications filed prior to the 1999 date are not eligible for inter partes patent reexamination. [read post]
16 Aug 2010, 3:10 am
Thus, by “front loading” prior art in a patent owner initiated ex parte reexamination request the opportunity to seek inter partes reexamination based on the same art may be foreclosed to a third party. [read post]
11 Dec 2013, 2:18 am
Failure to provide evidence of "unexpected results" was fatal to appellant in Ex parte Park.PTAB cited In re Geisler, 116 F.3d 1465, 1470 (CAFC 1997) and In re Scarborough, 500 F.2d 560 and In re Boesch.As to placing burden on applicants to show some element in the prior art is NOT equivalent, PTAB cited In re Mulder, 716 F.2d 1542 (CAFC 1983). [read post]
2 Jul 2013, 11:23 am
Byrd, 363 N.C. 214 (2009), the state supreme court concluded that an ex parte domestic violence protective order, or DVPO, was not a “valid protective order” for purposes of the sentencing enhancement under G.S. 50B-4.1(d). [read post]
21 Mar 2013, 10:50 am
Standard Parts,Inc., 307 U.S. 350, 356 (1939)) (an allegation that there was an unsolvedproblem in the art is not evidence of unobviousness unless it is shown thatthe widespread efforts of skilled workers having knowledge of the prior arthad failed to find a solution to the problem). [read post]
15 Jun 2013, 5:51 am
There is a mixed decision in Ex parte Liang.The appellant wins on indefiniteness but loses on obviousness.Of indefiniteness:“The test for definiteness is whether one skilled in the art would understand the bounds of the claim when read in light of the specification. [read post]
8 Aug 2023, 2:00 pm
The post Will My Ex Get Any Part of My Military Pension? [read post]
20 Jul 2010, 2:30 pm
Details: Ex parte Fleming Appeal 2009-005838, Appl. [read post]
25 Nov 2008, 2:00 pm
The Patent and Trademark Office (PTO) must consider all claim limitations when determining patentability of an invention over the prior art. [read post]
30 Nov 2013, 10:18 am
PTAB cites to KSR and Keller in Ex parte Gontkosky:Appellants’ arguments are not persuasive. [read post]
23 Oct 2013, 12:20 pm
A few words more, about the illegality of not providing ex parte materials to the accused, and ineffective assistance problems posed by ex parte procedures, and Nevin sits. [read post]
17 Aug 2016, 8:32 am
Section 304 explains that the PTO Director can order ex parte reexamination after finding that “a substantial new question of patentability affecting . . . [read post]
11 Mar 2013, 9:16 am
Ex parte Colburn has a lengthy discussion of In re Best: The Examiner has the burden of providing reasonable proof that aclaim limitation is an inherent characteristic of the prior art. [read post]
