Saturday, April 27, 2013

Procter & Gamble loses in Ex parte Glenn

Procter & Gamble lost at PTAB in Ex parte Glenn wherein the Board cited KSR about "a known problem for which there was an obvious solution encompassed by the patent's claims." KSR, 550 U.S. at 519-520.

The Board cited In re Peterson on overlapping ranges. 315 F.3d at 1329. And, yes, In re Best, 562 F.2d at 1255, was cited.

As to KSR, the Board noted that if the claimed composition is suggested for other reasons, a particular property of the composition carries no patentable weight. [see page 7 of the Board decision.]


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