HP loses in Ex parte Nguyen
Hewlett-Packard got a mixed decision on indefiniteness in Ex parte Nguyen. but lost overall because of a sustained obviousness rejection.
HP won on indefiniteness on claim 4. HP used the problematic word "substantially" in a claim, and survived an attack because the specification defined substantially as 90% or more of a referenced quantity. HP also cited Verve v. Crane, 311 F.3d 1116. [Indefiniteness was sustained as to claim 12.]
The victory on claim 4 was Pyrrhic, because claim 4 went down separately to an obviousness attack. Yes, KSR and predictable results were cited.
In re Huang on arguments of counsel also was cited.
HP won on indefiniteness on claim 4. HP used the problematic word "substantially" in a claim, and survived an attack because the specification defined substantially as 90% or more of a referenced quantity. HP also cited Verve v. Crane, 311 F.3d 1116. [Indefiniteness was sustained as to claim 12.]
The victory on claim 4 was Pyrrhic, because claim 4 went down separately to an obviousness attack. Yes, KSR and predictable results were cited.
In re Huang on arguments of counsel also was cited.
posted by Lawrence B. Ebert at 8:14 PM
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