APPEALING THE EXAMINER REJECTION

Introduction I recently published a blog regarding the frustrating but common rejection of a patent application based upon the examiner asserting that the invention is obvious.  See  Overcoming an Obviousness Rejection.  Depending upon the individual circumstances, it may be worthwhile for appealing the examiner rejection.   Recall obviousness under 35 U.S.C. section 103 can be a subjective exercise or…

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OVERCOMING AN OBVIOUSNESS REJECTION

Introduction Rejections under 35 U.S.C. 103 are the most common basis for an examiner refusing to allow issuance of a patent.  Section 103 outlines an improvement or modification that would be obvious to a hypothetical person of ordinary skill in the art is not patentable. I have already written on this topic, i.e., “overcoming an…

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103 Obviousness Rejections II

Introduction I am following up on my recent post Section 103 Obviousness Rejections pertaining to the 2018 USPTO Guidelines issued to USPTO examiner.  Recall that in 2007, the US Supreme Court broadened the basis for an examiner to reject a claim of a patent application on the assertion that the development subject of the claim was obvious…

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Section 103 Obviousness Rejections

Introduction Continuing with my discussion yesterday regarding rejection of patent applications based upon the examiner’s assertion that the claimed development is obvious, I am exploring the USPTO updated guidance to examiners published in early 2018.  An invention can not be patented if the development would have been obvious to a person skilled in the art at…

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