PTAB Reverses Examiners on Unexpected Results

PTAB Reverses Examiners On Unexpected Results - Patent - Mondaq

The PTAB reversed the examiner and her SPEs' position on the persuasiveness of the evidence of unexpected results.

PTAB Finds Appellant's Showing of Unexpected Results Tips the ...

The Patent Trial and Appeal Board (Board) reversed the Examiner's obviousness rejection because of Appellant's successful showing of unexpected results.

PTAB Reverses Anticipation Rejection for Impermissible Picking and ...

The Board was not persuaded by the applicant's argument of unexpected results, particularly with respect to a showing of criticality and whether ...

Patent Board Reverses Obviousness Rejection for Improper Hindsight

The Patent Trial and Appeal Board (PTAB) has reversed a patent examiner's rejection of a patent application on the grounds of obviousness.

PTAB Decision Outlines Key Requirements for Rule 132 Declarations

In a recent decision, the PTAB affirmed an examiner's obviousness rejection of claims related to an anodizing process for aluminum and magnesium alloys.

Federal Circuit Takes Rare Step of Sending Issue of Obviousness ...

... Examiner's rejection of claims 1-13, 16, 22-24, and 27 of U.S. ... Unexpected Results: Before the PTAB, Theripion relied on evidence ...

Derek Lightner, Ph.D. - Life Sciences Blog

PTAB Reverses Examiners on Unexpected Results. Attorney: Derek Lightner, Ph.D. June 11, 2024. In Ex parte Freeman (USSN 16/270,259; TC 1600; Appeal 2023 ...

Patent Board Reverses Rejection Based on Design Choice

In the recent matter of Ex parte Elliott, the Patent Trial and Appeal Board (PTAB) reversed a Patent Examiner's obviousness rejection. The PTAB ...

To Err Is Human, To Forgive Divine – If There Was Error - Finnegan

In response to the alleged second material error, the PTAB found that the Petitioner did not show that the Examiner “inexplicably” changed ...

2145-Consideration of Applicant's Rebuttal Arguments and Evidence

Examiners should consider all evidence of obviousness and ... unexpected results only for sodium containing materials); In re Greenfield, 571 F.

PTAB Designates as Informative Two Decisions Regarding ...

As is often the case when the PTAB designates decisions in pairs, one decision upheld a rejection where an examiner correctly qualified certain ...

716 Affidavits or Declarations Under 37 CFR 1.132 and ... - USPTO

Evidence showing unexpected results for the claimed compound as compared with the 9-, 12-, and 14- chloro derivatives of the compound rebutted the prima facie ...

Ex Parte PTAB Appeals Archives - Bejin Bieneman

2016-004484, April 14, 2017) agreed with the ex parte Appellants and reversed the Examiner's rejection based on insufficient rationale to support an obviousness ...

Establishing Unexpected Results: PTAB Highlights Pitfalls for Rule ...

In Ex parte Eidschun, Appeal 2023-003437 (PTAB Oct. 18, 2024),[1] the PTAB found a Rule 132 Declaration submitted by the applicant-appellant to ...

PTAB Decision Guides On What Routine Optimization Is Not

... PTAB reversed an examiner's obviousness rejection of claims for failing to sufficiently establish obviousness via routine optimization. The reversal was ...

PTAB - Life Sciences Blog

PTAB Reverses Examiners on Unexpected Results. Attorney: Derek Lightner, Ph.D. June 11, 2024. In Ex parte Freeman (USSN 16/270,259; TC 1600 ...

Beyond Final Rejection: What's Next For Patent Prosecution After ...

Establishing Unexpected Results: PTAB Highlights Pitfalls For Rule 132 Declarations · The PTAB Axes Skin Treatment Patent Under Amgen · USPTO ...

Hard to Reverse Adverse PTAB Rulings Under Substantial Evidence ...

Over a vigorous dissent, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB or Board) decision ...

First PTAB Decision Reversing Examiner Under New Subject Matter ...

... results based on the collected usage information. During prosecution, the applicant overcame rejections under 35 U.S.C. §§ 101, 102, and 103 ...

Federal Circuit Outlines Four Options For Overcoming Obviousness ...

In E.I. DuPont De Nemours & Co. v. Synvina C.V., the Federal Circuit reversed the decision of the USPTO Patent Trial and Appeal Board (PTAB) ...