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Is Your Application Ready Under KSR?

Law360 (January 27, 2009, 12:00 AM EST) -- The Supreme Court’s KSR v. Teleflex, 550 U.S. 398 (2007) decision dramatically impacted examination of patent applications by the U.S. Patent and Trademark Office. In this article, we outline the best way to structure an appeal to the Board of Patent Appeals and Interferences.

Appeal to the board is well worth the effort since, after a successful appeal, about 80 percent of the applications issue as patents within six months.

In the other 20 percent, asserted new grounds for rejection are based on (a) a reference...
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