@patent_maven@patentbuddy I’ll be more specific. He seems to have a soft spot for 101 in regard to bio but has no issue with 101 being used to trash software inventions.
@mriplawblog The office actions are also very generic, merely lumping together all claims under a single anticipation rejection. I have several where 20 claims were rejected in two paragraphs. I’ve found the ombudsman to be helpful in these instances.
@mriplawblog My longest pending and most frustrating cases are in 3700. Examiners tend to view simple mechanical inventions as inherently obvious, IMO. I have a client that has filed and won on two pre-appeals and just received a new non-final allegedly rejecting all claims yet again
It’s not that no precedent exists, specific precedent exists that is contradictory (see McRO BASCOM, etc...). A defense attorney presenting such a position in a court would be subject to sanctions for adopting a frivolous legal position. https://t.co/vqb4k8xxLB
@xfields@patentbuddy@patentsales I don’t think he said that she initiated a lawsuit. It just says she approached them with the patent, probably a licensing offer.
@patentbuddy Post receiving notice of an allowable/allowed claim a prosecutor should shovel I reams of dependent claims. With underlying independent allowed no examination or fees for such dependent claims would be necessary.
@DavidPSheldon@JNGross The beauty of ON is that it (1) cannot be used as principle evidence in a rejection; (2) is expressly exlcuded from use to prove what is state of the art. Also, can require an affidavit from an examiner.