Announcing Nodal
Long-time readers of the blog know Modal conducts a free, biweekly US Prosecution Study Group. The Study Group follows the US prosecutions of Japan-origin cases… Read More »Announcing Nodal
Blog
Only a Few Kernels of Wisdom
Last week, this blog began reviewing Case 5 of the Comparative Study on Hypothetical/Real Cases: Novelty (November 2009), which is based on In re Schreiber,… Read More »Only a Few Kernels of Wisdom
The Popcorn Case
We received a question about Case 5 of the Comparative Study on Hypothetical/Real Cases: Novelty (November 2009). Case 5 is based on In re Schreiber,… Read More »The Popcorn Case
Restriction Petition
USPTO Examiners sometimes issue restriction and election requirements to focus examination on particular figures and/or embodiments. As a result, some of the Applicants’ disclosed subject… Read More »Restriction Petition
On Waiver
In the last post, this blog considered how the Trial and Appeal Department (TAD) of the Japan Patent Office (JPO) seems to conduct a de… Read More »On Waiver
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
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