Thursday, June 27, 2013

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.


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