In United States v. Arthrex, Inc., the Supreme Court ruled 5-4 that the unreviewable authority wielded by administrative patent judges (APJs) during inter partes review (IPR)
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Ex parte Hwang, is a recent decision of the Patent Trial and Appeal Board (PTAB) addressing whether a claimed sequence of layers was rendered obvious by
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Section 101 specifies four patent eligible categories: process, machine, manufacture, and composition of matter.  However, the U.S. Supreme Court has long interpreted § 101 to exclude
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In Ex Parte Mitani, Japan Tobacco took a creative approach in attempting to overcome a non-statutory obviousness-type double patenting rejection before the Patent Trial and Appeal
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U.S. patent examiners often use an optimization rationale when rejecting claims as obvious. Such situations typically arise when a claim recites a range of possible values
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Ex parte Ha, is a recent decision of the Patent Trial and Appeal Board (PTAB) addressing the sufficiency of an examiner’s rationale for combining references and
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The Patent Trial and Appeal Board issued a decision in Ex Parte Shaw in which an Examiner’s choice of lead compounds (i.e., prior art compounds identified
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When faced with a limitation involving an open-ended numerical range, an examiner will not only analyze for definiteness under 35 U.S.C. § 112(b) but also scrutinize
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Ratios can be useful when claiming a subset of two well-known components or variables, particularly when the subset (defined by a ratio) provides a new and
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In an anticipation rejection, every element and limitation of the claimed invention must be found in a single prior art reference, arranged as in the claim.
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