Wednesday, December 24, 2014

AT&T loses at PTAB in Ex parte ANSCHUTZ

A message from Ex parte ANSCHUTZ is the need to develop all needed arguments in the opening brief.   Mentioning something only in the Reply Brief is too late:

Ex parte Borden, 93 USPQ2d 1473, 1474
(BPAI 2010) (informative)
(“[T]he reply brief [is not] an opportunity to make
arguments that could
have been made in the principal brief on appeal to rebut the Examiner’s
rejections, but were not.”).


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