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PTAB.US: Decisions of PTAB Patent Trial and Appeal Board Updated Daily.

Friday, March 4, 2011

REVERSED

1600 Biotechnology and Organic Chemistry
1618 Ex Parte Han et al 11/239,249 GREEN 103(a)
Mandel & Adriano EXAMINER WESTERBERG, NISSA M

1700 Chemical & Materials Engineering

1764 Ex Parte Pelliconi et al 11/628,628 FREDMAN 103(a)/112(1)
DILWORTH IP, LLC EXAMINER REDDY, KARUNA P

The ranges were amended in an attempt to differentiate the prior art of Pelliconi, which amendment the Examiner identifies as failing to satisfy the written description requirement. See Engineering Development Laboratories v. Radio Corp. of America, 153 F.2d 523, 526 (2nd Cir. 1946) (“The addition of a new element in a combination, while all the rest remain, releases a part of the disclosure to the public demesne, and to that there can obviously be no objection. Applicants ordinarily begin with as broad claims as they can hope to sustain; and they retreat progressively as the examiner forces them by the prior art he turns up in the Office. No other course is really open to them”).

2400 Networking, Mulitplexing, Cable, and Security
2451 Ex Parte Parham et al 10/184,870 DIXON 102(b)/103(a)
WORKMAN NYDEGGER/MICROSOFT EXAMINER MADAMBA, GLENFORD J

AFFIRMED

1600 Biotechnology and Organic Chemistry
1615 Ex Parte Bedoukian 10/949,129 PRATS 103(a)
George W. Rauchfuss, Jr. Ohlandt, Greeley, Ruggiero & Perle, L.L.P. EXAMINER BARHAM, BETHANY P

1615
Ex Parte Schneider et al 11/243,695 WALSH 103(a)
FAY SHARPE LLP EXAMINER MERCIER, MELISSA S

1700 Chemical & Materials Engineering
1774 Ex Parte Wedlock 10/536,202 TIMM 103(a)
Jennifer D Adamson Shell Oil Company EXAMINER CAMPANELL, FRANCIS C

“[M]ere statement of a new use for an otherwise old or obvious composition cannot render a claim to the composition patentable.” In re Zierden, 411 F.2d 1325, 1328 (CCPA 1969). This is because a claim to a composition is directed to the composition itself and must be distinguished from the prior art on the basis of the structure and chemical components of the composition.

3700 Mechanical Engineering, Manufacturing, and Products & Design
3753 Ex Parte Rodriguez et al 11/491,837 BARRETT 103(a)
LEON D. ROSEN REILICH, HORNBAKER & ROSEN EXAMINER BASTIANELLI, JOHN

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