by Steve Driskill | Oct 2, 2015 | [sub] motivation, Obviousness
Absent any unexpected advantages, a less-than-pure material in terms of the active component is an obvious variant of a corresponding pure material. Here, for example, the claimed “substantially pure” pharmaceutical compound that was 92–95% pure material was found to...
by Steve Driskill | Oct 1, 2015 | [sub] appellate, PTO Procedure
Absent a recent decision of either the Board or a court, no new evidence may be submitted on appeal at the PTO that was not before the primary examiner. Here, for example, the applicant’s introduction only during the Board hearing of affidavits in support of a Rule...
by Steve Driskill | Sep 24, 2015 | [sub] broad prior art disclosures, Anticipation
For a broad reference to be considered as disclosing a particular chemical compound for prior art purposes, it must “teach a finite and limited class” that includes the compound claimed. Here, for example, a compound representing the active ingredient in a claimed...
by Steve Driskill | Sep 21, 2015 | [sub] claim context, Claim Interpretation
A claim limitation describing a previously recited element as “being provided” in a particular way may be interpreted as a characteristic of that element rather than a separate method step. Here, for example, a “pre-processing” step at a client device in accordance...
by Steve Driskill | Sep 14, 2015 | [sub] indirect, Infringement
Willful blindness for establishing induced infringement under § 271(b) may be shown by a deliberate failure to further investigate a patent discovered during review of another patent and having similarities in content, inventorship, and ownership. Here, for example,...
