Month: February 2012

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Quick Post: Board of Patent Appeals Chimes In on “Well-Known Prior Art”

Written by: Mark Terry Today, the Board of Patent Appeals and Interferences (BPAI) reversed an Examiner’s rejection based on the “well-known prior art” argument. This Quick Post highlights the obligations that must be met by an Examiner when utilizing this form of rejection. Recall that M.P.E.P. §2144.03 states: “Official notice without documentary evidence to support an examiner’s conclusion is permissible only in some circumstances. While ‘official notice’ may be relied on, these circumstances should be rare when an application is under final rejection or action under 37 CFR 1.113. Official notice unsupported by documentary evidence should only be taken by the examiner

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Come See Me Speak Today at ITEXPO in Miami

Written by: Mark Terry I’m honored to be speaking at ITEXPO today at the Miami Beach Convention Center. ITEXPO is a telecommunications industry conference billed as “The World’s Communications Conference and Expo.” The conference is the largest and longest telecommunications industry trade show. I will be speaking today at various SUITS (Synopsis Under IP/Patents Telecom Sourcing Conference) panel discussions. Some of the topics I’ll be discussing are telecom industry patents, defending patent suits and patent trolls. I look forward to seeing you there!

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