Written by Mark Terry In an homage to John Welch’s well-known TTAB Blog, today we ask “Would you have appealed this 35 U.S.C. § 101 rejection? In a straightforward decision today, the Board of Patent Appeals and Interferences (BPAI)…
Written by Mark Terry In one of the more interesting decisions on this Friday, the Board of Patent Appeals and Interferences (BPAI) affirmed an Examiner’s rejection based on the Appellant forgetting to argue that the Examiner erred. This Quick Post…
Written by Mark Terry In its first decision on this Friday the 13th, the Board of Patent Appeals and Interferences (BPAI), reversed an Examiner’s 103 obviousness rejection based on the Examiner’s faulty inherency logic. I like this reversal because it highlights the…
Written by Mark Terry Michael Jackson’s unfortunate passing highlighted his international fame and the value of the Michael Jackson brand. What was surprising to many was that Michael Jackson had major financial troubles before his death, which is why he…
Written by Mark Terry In a quick decision today at the Board of Patent Appeals and Interferences (BPAI), the Board reversed an Examiner’s 103 obviousness rejection in two sentences (Analysis section only). Quick work for a usually wordy Board. The case of Ex…
Written by Mark Terry In a decision today at the Board of Patent Appeals and Interferences (BPAI), the Board reversed an Examiner’s 103 obviousness rejection based on the unreasonableness of the Examiner’s interpretation of the word “on.” The case of Ex parte Goruganthu (Appeal…
Written by Mark Terry The unfortunate death of Michael Jackson and the trial of Dr. Conrad Murray has made a little-known drug, propofol (marketed as Diprivan by AstraZeneca), into a household name. What is fundamentally important about drugs like propofol…
Written by Mark Terry This Friday, the U.S. International Trade Commission (ITC) issued a notice stating that Mitsubishi does not infringe GE’s wind turbine patent, thereby ending a long-running legal dispute between the two companies at the ITC. The patent…
Written by Mark Terry As a Florida Patent Attorney with a sizable patent prosecution docket, I frequently deal with rejections from the U.S. Patent and Trademark Office (USPTO). A common form of rejection is an anticipation rejection under 35 U.S.C.…
Written by Mark Terry Today, the Board of Patent Appeals and Interferences (BPAI) affirmed a Patent Examiner’s 35 U.S.C. 103 obviousness rejection of a commonly used “product-by-process” claim, supporting my theory that product-by-process claims are useless. As a Miami Patent Lawyer, I found…
