Thursday, January 03, 2013

Ex parte Mollitor

The Board affirmed a non-patentable subject matter rejection in Ex parte Mollitor

The Board noted that certain arguments that appeared only in the "reply brief" were deemed to be waived. Ex parte Borden, 93 USPQ2d 1473 (BPAI 2010) and In re Watts, 354 F.3d 1362 (CAFC 2004) were cited.

The matter of non-functional descriptive material was discussed with citations to Ex parte Nehls, 88 USPQ2d 1883 (BPAI 2008 ) and Ex parte Curry, 84 USPQ2d 1272 (BPAI 2005).

As to "substantially equal," the Board cited to Andrew v. Gabriel Electronics, 847 F.2d 819 (CAFC 1988 ).


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