Thursday, December 25, 2014

PTAB reverses examiner in Ex parte Kogan; missing element in 102(e) case

In Ex parte Kogan, the Examiner relied upon a figure to justify a 102(e) rejection; this was overturned by PTAB:

We note that Appellants' specification differentiates between
contact or group names and attributes.Supra.
Consequently, we agree with
Appellants that Figure 2 of Ryabchun
does notinclude “a plurality of
independently selectable search options including a search contacts by
attributes search option and a search groups by attributes search option” as
we find no mechanism by which an independently selectable mechanism
may be utilized to search groups by attribute, as claimed.


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