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PTAB.US: Decisions of PTAB Patent Trial and Appeal Board

Monday, June 8, 2015

keller, carnegie, webster loom

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AFFIRMED
Tech Center 1700 Chemical & Materials Engineering
1762 Ex Parte Avtomonov et al 12405498 - (D) BEST 112(2)/103 MILES & STOCKBRIDGE, PC JONES JR., ROBERT STOCKTON

1766 Ex Parte Yamamoto et al 10567107 - (D) McKELVEY 103 Drinker Biddle & Reath LLP (WM) FANG, SHANE

Applicant's attack on Blasius is reminiscent of the unsuccessful attack made by the applicant in In re Keller, 642 F.2d 413, 426 (CCPA 1981) (one cannot show nonobviousness by attacking individual references where a combination of references is used to support rejection).  Blasius describes an improvement chain extender said to be useful in a variety of polymers, one of which is polyesters. There was no need for Blasius to describe in detail any prior art esters. Carnegie Steel Co. v. Cambria Iron Co., 185 U.S. 403, 437 (1902) (an inventor may assume that what was already known in the art was known to those skilled in the art); Webster Loom Co. v. Higgins, 105 U.S. 580, 586 (1881) (in describing its invention, an applicant may begin at the point where his invention begins, and describe what he has made that is new, and what it replaces of the old. That which is common and well known is as if it were written out in the [specification] patent and delineated in the drawings.)

Keller, In re, 642 F.2d 413, 208 USPQ 871 (CCPA 1981) 707.07(f) 2145

Tech Center 2100 Computer Architecture and Software
2131 Ex Parte Conte et al 12427598 - (D) COURTENAY 102/103/double patenting DORSEY & WHITNEY LLP - Seattle CARDWELL, ERIC

Tech Center 2400 Networking, Multiplexing, Cable, and Security
2453 Ex Parte Feirouz et al 11167787 - (D) DILLON 103 BAINWOOD HUANG & ASSOCIATES LLC c/o LOTUS AND RATIONAL SOFTWARE FABBRI, ANTHONY E

Tech Center 2600 Communications
2694 Ex Parte Pu et al 10924172 - (D) JURGOVAN 112(1)/112(2)/103 LogicPatents, LLC MOON, SEOKYUN