USPTO Tells Justices Prior Art Should Be Presumed Enabling

Law360, New York (August 2, 2013, 6:14 PM EDT) -- Patent examiners should not have to prove that prior art used to reject a patent is enabling, the U.S. Patent and Trademark Office recently told the U.S. Supreme Court, arguing that a lower court's ruling on the matter was correct.

In an opposition brief filed July 17, the USPTO urged the high court not to hear an appeal by Finjan Inc., which is challenging the rejection of its anti-virus patent based on a prior art reference the company says would not enable a person skilled in...
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