by Steve Driskill | Aug 4, 2015 | [sub] application to claims, Anticipation
An element comprising another element having a claimed characteristic is not a separate and independent element having that characteristic. Here, for example, an invocation function invoking a signal-dependent branch metric function in combination with the...
by Steve Driskill | Jul 31, 2015 | [sub] consistency, Claim Interpretation
Ambiguous claims terms will be generally interpreted consistent with the focus of the specification. Here, for example, the claimed “two insulated chambers” were found to require no more than mere electrical insulation based on the patent’s overall focus on electrical...
by Steve Driskill | Jul 28, 2015 | [sub] analogous art, Prior Art
Prior art is not demonstrated to be analogous to the claimed subject matter by simply being within the knowledge of lay people or even within the knowledge of a person of ordinary skill in the art. Here, for example, three disputed references—rock carvings, engraved...
by Steve Driskill | Jul 17, 2015 | [sub] reexamination, PTO Procedure
The substantial new question of patentability requirement to institute reexamination proceedings does not extend to claims added after commencement of the reexamination. Here, for example, newly added claims during reexamination were found to be exempt from the...
by Steve Driskill | Jul 9, 2015 | [sub] Alice step one, Subject Matter Eligibility
Claims reciting a commonplace business method aimed at processing business information, despite being applied on a general purpose computer, are not patent eligible under 35 U.S.C. § 101. Here, for example, claims drafted to include computer hardware limitations, but...
