Tuesday, December 02, 2008

Burying a reference as violation of 37 C.F.R. § 11.18(b)?

Patently-O mentions the USPTO's Harry Moatz on possible violations of 37 C.F.R. § 11.18(b):

Mr. Moatz provides several examples that could be seen as failure to make a reasonable inquiry: (1) Filing an application with claims that are anticipated by at least one publication authored by one of the inventors. (2) Burying a reference material to patentability among a large number of cumulative references. (3) Filing an application with one or more claims unpatentable over a combination of prior art references cited by applicant in the specification.


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