Tag Archives: PTAB

Ex parte Ho – Burden Shifting in s.101 Rejections

Posted on September 12, 2018 by Warren Woessner

In Judge Plager’s concurrence-in-part in Interval Licensing v. AOL, Inc., he describes the “small puzzle” present in the Mayo/Alice analysis of a claim identified as directed to an abstract idea: “[I]f a court, after reviewing challenged claims in light of … Continue reading →

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Ex Parte Schwartz – A Pyrrhic Reversal of a 101 Rejection

Posted on August 20, 2018 by Warren Woessner

The PTAB decision reversing the Examiner’s s. 101 rejection in Ex Parte Schwartz, Appeal 2017-004975 (August 2, 2018) both demonstrates the need for more Examiner training on the ever-changing definition/identification of an abstract idea, particularly in the context of inventions … Continue reading →

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Ex Parte Nagy – The Reach of the Mayo/Alice Rule Exceeds Its Grasp?

Posted on August 15, 2018 by Warren Woessner

The final rejection of the claims of Nagy’s application Serial No. 14/223,113 was affirmed by the PTAB on July 30, 2018 (Appeal 2017-008793). One of the “representative” claims was directed to the holy grail of diagnostics – the early diagnosis … Continue reading →

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Ex Parte Young – Expanding the Scope of an “Abstract Idea.”

Posted on August 9, 2018 by Warren Woessner

On July 18th, in appeal no. 2017-007443, the PTAB reversed the Examiner’s rejection to an improved method of manipulating the huge amount of DNA sequence information or “text strings” that are provided by applying the techniques of massively parallel sequencing … Continue reading →

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