The only source of knowledge is experience. - Albert Einstein
February 2016
This appeal arose from a final rejection of the claims for a role-playing card game. The claims were rejected as obvious under 35 USC 103. The claims included a requirement that one card have an opening aligned with a feature of another card... Read On
February 2016
This appeal stemmed from a final rejection of the claims for a secondary electrochemical cell comprising a cathode containing a nitroxyl polymer and a lithium or lithium alloy anode, wherein the cathode is in direct contact with the anode. The rejections included 35 USC 102 and 35 USC 103, relati... Read On
August 2015
This appeal stemmed from a final rejection of the claims for a sterilization container on five different grounds. The rejections included 35 USC 112, first paragraph and 35 USC 103. More specifically, the claims are directed to a sterilization container having a uniquely hinged-lid arrangement. T... Read On
May 2015
This appeal stems from a patent application to protect the process and product of thermoforming a single sheet of metal to create a sterilization tray. The appeal was raised after receiving Final rejections for 35 USC 112, second paragraph, 35 USC 102, and 35 USC 103. During the appeal, the Examiner withdrew the 112 rejections and some of the 35 USC 103 rejections. The appeal board maintained the rejection of 9 of the claims based on 35 USC 102, but reversed the remaining 102 rejection and all of the 103 rejections. A patent is expected to issue in October 2015 as result of the appeal. Read On
July 2014
Garth Bruen, through his company, Knujon, has been working for many years to stop spam messaging. He devised an electronic solution to target the improperly registered sites that frequently support spam. After being unable to resolve with the Examiner whether the prior art described his invention, the matter was appealed and the Patent Trial and Appeal Board agreed that Garth's invention was novel. The patent issued July 29, 2014 with U.S. Patent Number 8,793,318. Read On
July 2013
Successfully appealed an Examiner's obviousness rejection based on an improper combination of references to arrive at the claimed invention. This decision resulted in US Patent No. 8,474,452 on July 2, 2013. Read On
June 2012
Charles K. Crawford is an inventor in a very niche field, working in vacuum physics and electron optics to provide novel solutions to clients' specialized needs, whether they are experiments at Lincoln Labs or utilization in outer space. Chuck developed a thin flange. It is difficult to convince the USPTO that an item is novel enough to be patentable simply because it is thinner than anyone dreamed possible. We succeeded on appeal. U.S. Patent No. 8,191,901 issued on June 5, 2012. Read On
December 2012
Successful appeal, in part, of a 35 U.S.C. § 102 anticipation rejection identifying a remote device in a defense system as inherent. Also successfully appealed was a 35 U.S.C. § 103 obviousness rejection arguing interdependency of explicitly disclosed remote autonomous units The successful appeal led to the application being allowed, for which a patent will issue in 2013 to BAE Systems of Nashua, NH. Read On
July 2012
Successfully appealed a client's right to be defended by its insurer in a lawsuit brought under the Lanham Act against our client. After we successfully defending Safety Dynamics in the underlying suit brought under the Lanham Act, this victory allowed Safety Dynamics to avoid the cost associated with defending the lawsuit. Read On
December 2012
Successfully appealed an Examiner's anticipation rejection based on an improper finding of inherent structure in the cited reference. This decision resulted in a reversal of the rejection of all claims for an animal throw toy for M2Pets, Inc. Read On
June 2012
Successfully appealed an Examiner's obviousness rejection based on an unsubstantiated motivation to combine the references to arrive at the claimed invention. This decision resulted in US Patent 8,349,271 issuing on January 8, 2013 for a sterilization container for Symmetry Medical, Inc. Read On
March 2012
Successfully appealed an Examiner's obviousness rejection based on an unsubstantiated motivation to combine the references. This decision resulted in US Patent 8,245,886 issuing on August 21, 2012. Read On
November 1993
Trademark infringement case appealed to the first circuit in which we, through William Hennessey, represented Boston Beer Company, producers of Sam Adams Boston Lager. This case helped to define geographic descriptiveness and secondary meaning within the first circuit and was one of the significant early milestones in the development of our firm's IP litigation practice Read On
December 2004
Successfully appealed a USPTO Trademark Attorney's rejection on a likelihood of confusion grounds for the trademark EXPAND-A-COLLAR, resulting in US Trademark Registration No. 3117831 for our client, Forsyth of Canada, Inc. Read On
November 2010
Successfully appealed an Examiner's rejection of a reissue patent application based on an unsupported theory of improper recapture of surrendered subject matter. This decision resulted in US Patent RE43,033 issuing on December 20, 2011 for a shrinkwrap sealer to Shrink Packaging Systems, Inc. Read On
April 2010
Successfully appealed an Examiner's obviousness rejection based on an improper combination of an agave insulin with a long-chain insulin to arrive at the claimed invention. This decision resulted in US Patent 7,812,004 issuing on October 12, 2010 for Tiense Suikerraffinaderij N.V. of Belgium. Read On
August 2010
Successfully appealed an Examiner's anticipation rejection based on an improper finding of structure in the cited reference. This decision resulted in a reversal of the anticipation rejection, but not all rejections, and led to the issuance of the US Patent 7,892,237 without further office actions for Indiana resident Eric Dahlinger. Read On
June 2011
Successfully appealed an Examiner's obviousness rejection based on an unsustainable combination of references for NEC, resulting in allowance of the application. Read On
September 2007
Successful appeal, in part, of a 35 U.S.C. § 103 obviousness rejection marginalizing algorithm requirements in a software claim that identifies and responds to nonconscious preferences of the user. The successful appeal led to the issuance of US Patent No. 7,383,283 to Joseph Carrabis on June 3, 2008 for real-time adaptation of programmable presentations to individuals. Read On
October 2008
Successfully appealed an Examiner's anticipation rejection based on an improper finding of inherent structure in the cited reference. This decision resulted in the issuance of US Patent No. 7,476,809 striated armored cable for Rockbestos Surprenant Cable Corp., a division of the Marmon Group, on January 13, 2009. Read On
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