Category Archives: PTAB

Phillips Standard of Claim Construction to be Used by PTAB in “AIA Proceedings”

Posted on October 11, 2018 by Warren Woessner

After much deliberation, the USPTO has published a Final Rule mandating that the claim construction standard articulated by the Fed. Cir. in Phillips v. AWH Corp., 415 F.3d 1301 (Fed. Cir. 2005), and used by federal district courts, will replace … Continue reading →

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Ex Parte Young – Expanding the Scope of an “Abstract Idea.”

Posted on August 9, 2018 by Warren Woessner

On July 18th, in appeal no. 2017-007443, the PTAB reversed the Examiner’s rejection to an improved method of manipulating the huge amount of DNA sequence information or “text strings” that are provided by applying the techniques of massively parallel sequencing … Continue reading →

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Ex Parte Galloway – Berkheimer Meet s. 103 Part II

Posted on June 4, 2018 by Warren Woessner

In Ex parte Galloway, Appeal No. 2017-004696 (PTAB, May 24, 2018), the Board reversed the examiner’s rejections of claims to a method of diagnosing bladder cancer. The method comprised isolating cells from the urine of a subject, dispersing at least … Continue reading →

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Ex parte Galloway – Two Correlations are Better than One

Posted on May 25, 2018 by Warren Woessner

Although, somehow, examiners and PTAB Judges are supposed to refrain from considering anticipation or obviousness when evaluating claim elements for the “inventive step” required for patent eligibility, that’s just not possible. The claims in Ex parte Galloway were directed to … Continue reading →

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