Amended Sobriety Test Patent Still Nothing New, PTAB Says

Law360, Washington (May 5, 2016, 8:02 PM EDT) -- The Patent Trial and Appeal Board on Tuesday effectively nixed the remaining claims of SoberLink's patent for a device to test blood alcohol content, ruling the company's latest motion to amend its patent claims had not distinguished its invention from existing blood alcohol monitors.

The proposed amendments to the patent, covering a hand-held breath monitor that wirelessly transmits both the blood alcohol level and a picture of the user, seemed obvious in light of a combination of existing alcohol monitoring systems used in home, vehicle and parole contexts, according to the decision. SoberLink attempted to amend the claims, a rarely successful...

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