Tuesday, October 16, 2012

Applicant fails with invocation of 37 C.F.R. § 1.104(c)

Applicant did not make out well in Ex parte HOMAYOUNI:

**Appellants generally argue that the Examiner has “failed to meet the
express requirements of 37 C.F.R. § 1.104(c),” which states: “When a reference is complex or shows or describes inventions other than that claimed by the applicant, the particular part relied on must be designated as nearly as practicable. The pertinence of each reference, if not apparent, must be clearly explained and each rejected claim specified.” (App. Br. 6.) Specifically, Appellants argue that the “Examiner has made no attempt at locating the following” claim feature: compiling textual information for citations which are cross-referenced in a database for selected genes (id. at 8-9). We are not persuaded.


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