From a New Comparison
Questions about ex parte patent appeals (i.e., appeals of an Examiner’s rejection) to the Patent and Trial Appeal Board (PTAB) of the US Patent and… Read More »From a New Comparison
2021
Teaching Toward “Teaching Away”
Last week, we considered what “teaching away” is not. What is teaching away? “Teaching away” requires criticizing, discrediting, or discouraging investigation into the claimed invention. … Read More »Teaching Toward “Teaching Away”
Teaching Away From “Teaching Away”
“Teaching away” is a topic frequently misunderstood at (almost?) all levels of patent review. It is not a surprise that non-US Applicants and Examiners make… Read More »Teaching Away From “Teaching Away”
Principle of Operation Arguments
Last week, we briefed In re Ratti. 270 F.2d 810, 813, 123 USPQ 349, 352 (CCPA 1959); MPEP 2143.01 VI. Ratti clarifies that a secondary… Read More »Principle of Operation Arguments
On In re Ratti
We recently considered arguments directed to rendering the prior art inoperable. A related conclusion, articulated In re Ratti, clarifies that a secondary reference cannot modify… Read More »On In re Ratti
Inefficient Obviousness Arguments
Last week, we discussed the difficulty of demonstrating that an Examiner’s proposed modification would render the prior art inoperable for its intended purpose. Accordingly, Applicants… Read More »Inefficient Obviousness Arguments
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