Wednesday, July 17, 2013

PTAB converts 102 rejection into 103 rejection; Papesch cited

Within Ex parte Gray, the appellant obtained reversal of a 102 rejection but was handed a 103 rejection.

PTAB cited In re Arkley, 455 F.2d 586, 587-588 (CCPA 1972), for not picking and choosing within an anticipation rejection.

Obiaya, Papesch and Kubin were cited.


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