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Prior Art Enablement Inquiries United States Patent and Trademark Office

Goodwin

Issue 44: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This periodic digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

McDermott Will & Emery

Prior Art Enablement Looks to Applicant’s Specification to Determine Ordinary Level of Skill - In re Morsa

McDermott Will & Emery on

Addressing the issue of whether an anticipatory prior art reference was enabling, the U.S. Court of Appeals for the Federal Circuit affirmed the judgment of the U.S. Patent Trademark Office (USPTO) Board of Patent Appeals and...more

Foley & Lardner LLP

Morsa II: Admissions Enable Prior Art

Foley & Lardner LLP on

In its 2013 decision in In re Morsa, the Federal Circuit vacated an anticipation rejection where “both the Board and the examiner failed to engage in a proper enablement analysis” to establish the enabling quality of the...more

Foley & Lardner LLP

Challenging the Enabling Quality of Prior Art

Foley & Lardner LLP on

In In re Morsa, the Federal Circuit reversed an anticipation rejection where the applicant had challenged the enabling quality of the cited prior art reference, even though the applicant had not submitted evidence in support...more

BakerHostetler

Patent Watch: In Re Morsa

BakerHostetler on

On April 5, 2013, in In re Morsa, the U.S. Court of Appeals for the Federal Circuit (Rader, Lourie, O'Malley*) affirmed-in-part, vacated-in-part and remanded the USPTO Board of Patent Appeals and Interferences decision...more

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