Tuesday, April 16, 2013

Responding in an Appeal Brief to points made in a Final Rejection

Ex parte Bayer MaterialScience (inventor Faecke) makes some points about Rule 131 declarations. The case also gets into the scope of a reference that has incorporated by reference OTHER references.

On the rule of anticipation by a genus, the Board cites In re Arkley, 455 F.2d 586 (CCPA 1972).

Note the text in Board [PTAB] decision: Moreover, we are at a loss to determine why there is no response in the Brief to the cogent points raised by the Examiner in the Final Rejection.


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