Friday, October 18, 2013

Lovin cited in Ex parte Jung

The need for solid arguments and supporting evidence is underscored in Ex parte Jung

Furthermore, we find Appellants have failed to present substantive
arguments and supporting evidence persuasive of Examiner error regarding
the aforementioned disputed limitation. See In re Lovin, 652 F.3d 1349,
1357 (Fed. Cir. 2011) (β€œ[W]e hold that the Board reasonably interpreted
Rule 41.37 to require more substantive arguments in an appeal brief than a
mere recitation of the claim elements and a naked assertion that the
corresponding elements were not found in the prior art.”). We decline to
examine the claims sua sponte, looking for distinctions over the prior art.
Cf. In re Baxter Travenol Labs., 952 F.2d 388, 391 (Fed. Cir. 1991) (β€œIt is
not the function of this court to examine the claims in greater detail than
argued by an appellant, looking for [patentable] distinctions over the prior
art.”). See also Ex parte Belinne, No. 2009-004693, 2009 WL 2477843 at
*3-4 (BPAI Aug. 10, 2009) (informative).


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