Modification must be satisfactory for the intended use *

USA - July 12 2012
In a recent decision, Ex parte Kleinwaechter (Appeal No. 2011-009329, Serial No. 11/225,949) the BPAI overturned an examiner’s finding of obviousness for including an alternative scented compound into a tissue, as the particular scent of the proposed modification would not have achieved the scent goals of the primary reference.

Board again reverses an obviousness rejection for examiner’s failure to provide adequate rationale for substituting substances having different functions *

USA - May 11 2012
In Ex parte Fulton (Appeal 2011-001486, in U.S. Serial No. 10/839,112), involving an application which was on its third appeal, the BPAI overturned an examiner’s finding of obviousness on a claim to a method of marking a biopsy cavity inserting a bioresorbable body, comprising cellulose, into a lesion at the biopsy site.

Board affirms obviousness of overlapping ranges *

USA - March 2 2012
In Ex parte Bouzekri (Appeal 2010-005203), the BPAI affirmed the examiner’s finding of obviousness and reiterated some important points which often arise in patenting.

Co-authors: Daniel J. Pereira, Ph.D..