USPTO Tells Fed. Circ. It's Considering Indefinite Standard

By Dave Simpson (March 30, 2018, 6:22 PM EDT) -- The U.S. Patent and Trademark Office said Thursday it is considering the indefiniteness standard and therefore needs to exit a Federal Circuit dispute over a nixed Tinnus Enterprises LLC toy patent that the agency intervened in to defend its board's rejection of the Nautilus standard.

In August the USPTO as an intervenor urged the appellate panel to adopt a standard for indefiniteness known as Packard — which stemmed from a 2014 case before the Federal Circuit — rather than the U.S. Supreme Court's Nautilus standard. The USPTO said Thursday that it stands by its position that the indefiniteness approach is correct...

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