Monday, July 08, 2013

Ex parte Owen: a second bite for the examiner?

Within Ex parte Owen, PTAB cited MPEP 706.01 and 1201 and observed the Board will not hear issues related to objections or formal matters.

As noted on page 4 of the decision, this is the second time these issues have come to the Board. The first time around, the examiner relied on only one reference, and lost at the Board; the second time around, the one reference was supplemented, and the examiner won.

Yes, KSR is cited.


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