commercial success

Limits on Obviousness - Beyond the Claim Elements

Here is a lesson on obviousness. The Federal Circuit agreed with the Patent Trial and Appeal Board (PTAB) that claims for a system to measure degradation of cooking oils in a deep fryer were non-obvious under 35 U.S.C. §103. The… Read More

PTAB Unpersuaded by Evidence of Commercial Success

The burden on an Appellant is seemingly high when arguing commercial success as a secondary consideration of nonobviousness in an ex parte PTAB appeal.  The decision in Ex parte Thatcher, Appeal No. 2015-002163 (April 4, 2017) is… Read More

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Preparing and Prosecuting Functional Claims
October 23, 2019 at 12:00 pm EDT
There continues to be a dramatic impact on the interpretation of functional claim terms after the Federal Circuit decision in Williamson v. Citrix Online L.L.C. Since means-plus-function claiming can be utilized in almost every field of innovation, p…Register