Obstinate Examiner – Appealing an Obviousness Rejection II

INTRODUCTION: It should not be a surprise that there are obstinate patent examiners.  For whatever reason, they can be determined to not allow your patent application.  Frequently, this situation can be experienced when an examiner rejects your application based on alleged obviousness (a 103 rejection).  An assertion of obviousness can be based on subjective factors.  See my article Overcoming an Obvious…

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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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