3600 Transportation, Construction, Electronic Commerce, Agriculture, National Security, and License & Review
RESTIFO, JEFFREY J
3700 Mechanical Engineering, Manufacturing, and Products & Design
AFFIRMED-IN-PART
2400 Networking, Mulitplexing, Cable, and Security
3700 Mechanical Engineering, Manufacturing, and Products & Design
REEXAMINATION
EXAMINER AFFIRMED
3900 Central Reexamination Unit (CRU)
For ex parte reexaminations, the USPTO has clarified the procedure for seeking review of issues pertaining to substantial new question of patentability. See Clarification on the Procedure for Seeking Review of a Finding of a Substantial New Question of Patentability in Ex Parte Reexamination Proceedings, 75 Fed. Reg. 36357-58 (Dep’t of Commerce, June 25, 2010) (hereinafter “Notice”) (delegating the authority to review issues related to the Examiner's determination that a reference raises a substantial new question of patentability to the Chief Administrative Patent Judge, who may further delegate this authority to a panel of Administrative Patent Judges deciding the appeal in the ex parte reexamination proceeding).
The Notice, however, explicitly states that the delegation of review authority provided for review of an Examiner’s SNQ determination in ex parte reexaminations does not apply to inter partes reexaminations. See Notice, 75 Fed. Reg. at 36,358 (“The procedure set forth in this notice does not apply to inter partes reexamination proceedings. A determination by the USPTO in an inter partes reexamination either that no SNQ has been raised or that a reference raises a SNQ is final and non-appealable.”).
AFFIRMED
1700 Chemical & Materials Engineering
A composition is a mixture of substances that contains the specified ingredients at any time from the moment at which the ingredients are mixed together. See Exxon Chem. Pats. Inc. v. Lubrizol Corp., 64 F.3d 1553, 1557 (Fed. Cir 1995).
3600 Transportation, Construction, Electronic Commerce, Agriculture, National Security, and License & Review
DINH, TIEN QUANG