Friday, April 12, 2013

DiLorenzo loses at PTAB

As to grounds for rejection which are not contested by an appellant in an appeal brief:

Manual of Patent Examining Procedure § 1205.02 (“If a
ground of rejection stated by the examiner is not
addressed in the appellant’s
brief, that ground of rejection will be summarily sustained by the Board.”);
See also In re Berger, 279 F.3d 975, 984 (Fed. Cir. 2002) (in which the
Board affirmed an uncontested rejection of claims under 35 U.S.C. 112,
second paragraph, and on appeal the Federal
Circuit affirmed the Board's
decision and found that the appellant had waived his right to contest the
indefiniteness rejection by not presenting arguments as to error in the
rejection on appeal to the Board).


Post a Comment

<< Home