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
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.
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)
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
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
On July 16, 2020, the Federal Circuit issued a decision in Akeva L.L.C. v. Nike, Inc., Addidas America, Inc. (nonprecedential) in which the difference between removing a subject
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