On September 29, 2020, the Patent Trial and Appeal Board (“Board”) issued a decision in Ex parte Brinhaus (Appeal No. 2019-006794) and reversed an Examiner’s obviousness
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It is well-settled that if a proposed modification or combination of prior art would change the principle of operation of the prior art invention being modified,
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U.S. patent claims usually contain the term “comprising.” This term indicates that an item in the claim must include certain specified components, but that the item
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Ex parte Porro is a 2008 decision of the Board of Patent Appeals and Interferences (BPAI) that is listed among the Patent Trial and Appeal Board’s
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On September 15, 2020, the Patent Trial and Appeal Board (PTAB) issued a decision in Ex parte Lebovich reversing the Examiner’s rejection of claims directed to a packaged
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A “product-by-process” limitation exists where a recited product, such as a composition or article, is defined in terms of the method used to manufacture the product.
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The term “comprising,” when used in the preamble of a claim, permits the inclusion of other elements or materials in addition to those specified in the
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A prima facie obviousness rejection combining multiple disclosures requires a reason to modify or combine the prior art to achieve the claimed invention with a reasonable
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For a prior art reference to be properly used in an obviousness rejection, the reference must be analogous art to the claimed invention. In re Bigio, 381
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Ex parte Hicks is a 2007 decision of the Board of Patent Appeals and Interferences (BPAI) that is listed among the Patent Trial and Appeal Board’s
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