Category Archives: Obviousness

USPTO Issues “2010 KSR Guidelines Update”

On September 1st, the Office of Patent Legal Administration (I didn’t know there was one) issued 17 pages in the Fed. Reg. (Vol. 75, 53643) updating its obviousness guidelines. (A copy of the guidelines is found at the end of … Continue reading

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CANCELLATION OF WARF STEM CELL CLAIMS: THE “DR. HYDE” SIDE OF KSR

Recently, in a notably unremarked decision, the Board reversed the Examiner, effectively canceling all of the claims to pluripotent human embryonic stem cells (ES) in Thomson (U.S. Pat. No. 7029913): The Foundation for Taxpayer & Consumer Rights v. Patent of Wisconsin Alumni … Continue reading

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David Kappos and The Impact of KSR – A Unique Opportunity For Our Profession

By Paul Cole Visiting Professor, Intellectual Property Law, Bournemouth University, UK On Tuesday 24 November, David Kappos made a posting on the Director’s Forum including the following statement: Some have suggested that the Office is determining obviousness in a way … Continue reading

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Federal Circuit Mows Down Bean Patent – Reading Between the Rows

On July 10, 2009, the Court of Appeals for the Federal Circuit in In re Pod-Ners, Appeal No. 2008-1492, affirmed the Board’s rejection of all of the claims of U.S. Pat. No. 5,894,079. The Board had rejected as obvious claims … Continue reading

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