Patent claims often recite structural limitations in combination with one or more properties. For example, a product claim might recite a composition comprising three components, where
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Ex parte Smith is a 2012 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 August 7, 2020, the Patent Trial and Appeal Board issued a decision in Ex parte Koseoglu (Appeal 2019-002720) and reversed an obviousness rejection of a catalyst composition.
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In determining “prior art” under 35 U.S.C. § 102, a reference is a “printed publication” if it is accessible to the public. As explained in the
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In addition to the indefiniteness rejection, the Patent Trial and Appeal Board (“Board”) in Ex parte Castellana (Appeal No. 2019-006605, July 20, 2020) (previously discussed here)
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A product-by-process claim is a product claim that defines the claimed product in terms of the process by which it is made.  A product-by-process claim is
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On July 30, 2020, the Patent Trial and Appeal Board (“Board”) ­reversed the Examiner’s obviousness rejection in Ex parte Lundberg. At issue was the meaning of
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Ex parte Maeda is a 2009 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On July 16, 2020, the Federal Circuit issued a decision in Akeva L.L.C. v. Nike, Inc., Addidas America, Inc. (nonprecedential) in which the difference between removing a subject
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In assessing the obviousness of chemical species when prior art teaches an encompassing genus, Section 2144.08 of the MPEP advises us to consider any teaching or suggestion in the reference
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