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Reissue is not remedy to terminal disclaimer

USA - December 27 2012 Affirming a decision by the U.S. Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board) rejecting a reissue application as…


Federal Circuit affirms finding of obviousness in DNA patent application

USA - October 31 2012 Addressing a decision out of the U.S. Patent and Trademark Office Board of Patent Appeals and Interference, the U.S. Court of Appeals for the Federal Circuit affirmed the Board’s ruling that there was substantial evidence supporting a determination that a person of ordinary skill in the art would have a reasonable expectation of success when combining prior art references.


Federal Circuit affirms finding of motivation to combine references

USA - June 28 2012 In affirming a decision by the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences (Board) finding of obviousness, the U.S. Court of Appeals for the Federal Circuit agreed that there was substantial evidence to support a finding of a motivation to combine references.


For recapture, look to the change of scope between the original application claims and the reissue claims

USA - May 30 2012 Vacating and remanding a decision by the U.S. Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), the U.S. Court of Appeals for the Federal Circuit concluded that the Board did not properly apply the required recapture analysis in the rejection of the applicants’ reissue application for an electronic television programming guide.


Reissue patent did not impermissibly recapture surrendered subject matter if reissue claim was amended to substitute in a synonymous term

USA - September 30 2011 Reversing a lower court’s decision, the U.S. Court of Appeals for the Federal Circuit held that claims of a reissue patent did not impermissibly recapture surrendered subject matter under 35 U.S.C. §251.

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