Tuesday, April 08, 2014

PTAB in Ex parte Schlichting addresses reasonable expectation of success

PTAB cites In re Berg, 320 F.3d 1310, as to the scientific competence of examiners.

As persons of scientific competence in the fields in which they
work, examiners are responsible for making findings, informed by their
scientific knowledge, as to the meaning of prior art references to persons of
ordinary skill in the art and the motivation those references would provide to
such persons. In re Berg, 320 F.3d 1310, 1315 (Fed. Cir. 2003).

Pfizer v. Apotex is cited as to reasonable expectation of success.

The law does not require the Examiner to
establish an absolute expectation of success, but rather only that such
expectation be reasonable. See, e.g., Pfizer, Inc. v. Apotex, Inc., 480 F.3d
1348, 1364 (Fed. Cir. 2007).

The examiner is affirmed.



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