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Certified Licensing Professionals, Inc., 2021 
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This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
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Warren D. Woessner
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Author Archives: Warren Woessner
Ex Parte Smith: What We’ve Got Here Is A Failure To Communicate!
In Ex parte Smith, Appeal No. 2016-007565 (PTAB, May 16, 2016), the Board reversed the examiner’s s.101 and 103 rejections of a claim to a modified flavivirus envelop (E) protein comprising a mutated envelop protein, where the unmodified E-To domain … Continue reading
Posted in Patent Eligible Subject Matter
Tagged Mayo/Alice, Myriad, PTAB, PTO, s. 101 and 103
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Ex parte Galloway – Two Correlations are Better than One
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
Posted in Obviousness, PTAB
Tagged Ex Parte Galloway, minichromosome, Obviousness, PSA, PTAB, PTO, s. 101
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Ex Parte Stone: The “Disappearing Doctor” Leaves a Medical Device Behind
I know that Fed. Cir. s 101 decisions are inherently more instructive than PTAB decisions, but PTAB (and district court) s. 101 decisions are like legal potato chips – if you sample one, you just can’t quit. For example, in … Continue reading
PTO Releases Revised Guidance on Compliance with Mayo/Alice Rule
On April 19, the USPTO released a Memorandum from Robert Bahr, The Deputy Commissioner for Patent Examination Policy, that summarized the support required for a finding if a claim directed to a judicial exception to s. 101 eligibility under Step … Continue reading →