Another Negative Limitation
Claims are sometimes drafted or amended to include negative limitations, such as “irrespective of a position at which a touch is detected.” The MPEP makes… Read More »Another Negative Limitation
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Wikipedia
Elsewhere, I recently mentioned the USPTO does not permit reliance on Wikipedia, even for background information. I then learned the European Patent Office permits use… Read More »Wikipedia
Design Choice
I remember some treatise (Chisum?) making the point that an Examiner can find almost any combination of elements at a low-level of granularity. Thus, in… Read More »Design Choice
IRAC
American law schools generally teach students to organize their paragraphs according to IRAC: issue, rule, analysis, conclusion. (This structure is sometimes modified to CIRAC, in… Read More »IRAC
Checking 37 CFR 1.97(e)(1) Certifications
Now that we covered how to make the Information Disclosure Statement (IDS) certification under 37 CFR 1.97(e), we can discuss how to check a certification. … Read More »Checking 37 CFR 1.97(e)(1) Certifications
Foreign IDS Certification
Information Disclosure Statements (IDSes) filed under 37 CFR 1.97 (c) or (d) can include a certification statement. One of these statements is “that each item… Read More »Foreign IDS Certification
The “Pen Cup” Game
Earlier this week, I discussed a claim interpretation tactic of drawing a box around a group of devices to characterize the group as a single… Read More »The “Pen Cup” Game
Device in a Box
Some patent applications discuss networks including a single server and a single client. As a result, when claiming one device (for example, Client A), the… Read More »Device in a Box
The Untouchables
Applicants have limited ability to obtain review of the actions of Primary Examiners. The classic option is to file an Appeal. Applicants often overlook the… Read More »The Untouchables
Foreign OAs in IDSes
To the best of my knowledge, the duty to disclose information to the USPTO in the form of Information Disclosure Statements (IDSes) is unique in… Read More »Foreign OAs in IDSes