by Steve Driskill | Jan 23, 2013 | [sub] reexamination, PTO Procedure
“On judicial review, the correctness of the decision appealed from can be defended by the appellee on any ground that is supported by the record.” Background / Facts: The patent here is directed to a mechanical conveyor belt formed of rows of belt modules interlinked...
by Steve Driskill | Oct 26, 2012 | [sub] reexamination, PTO Procedure
A final judgment of the court, after trial and appeal, does not preclude subsequent PTO review of the same patent on reexamination. Background / Facts: This opinion is a brief order denying Baxter’s combined petition for panel rehearing and rehearing en banc for In re...
by Steve Driskill | Oct 2, 2012 | [sub] reexamination, PTO Procedure
The proper course of action to seek reconsideration of prior art considered not to raise a substantial new question of patentability for reexamination is to petition the Director to review that determination pursuant to 37 C.F.C. § 1.927, even if reexamination is...
