Invalidating a patent with prior art

Posted by / 21-Dec-2019 07:21

Invalidating a patent with prior art

However, this is the first step that applicants should take when reviewing cited art rejections.

If an Examiner’s interpretation is incorrect, I like to argue using the following as a guideline.As a patent attorney, I prefer to try to overcome the prior art in the preceding order.Most of the times the Examiner’s at the USPTO do not mess up on dates regarding what is corrected prior art.To expedite prosecution, and without conceding to the Examiner’s positions, Applicant has amended the independent claims to recite “limitation D.For at least the following reasons, Jones does not disclose “limitation D.” Jones discloses (insert high level overview of Jones).

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Sometimes an Examiner’s understanding of the claims and/or the cited art is different than yours.

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