WHIPgroup attorneys were again successful in using the P3 program to overcome a Final Office Action. The patent application is directed to an algorithm for searching objects in a process control system. The claims were rejected for lacking structure and for being obvious over multiple references. In a P3 request, WHIPgroup argued that a new structural machine is created when a computer is programmed to perform a specific function and that the Examiner failed to appreciate the claims a whole. The Panel was persuaded by WHIPgroup’s arguments and prosecution was reopened without the need for filing an RCE or Appeal.
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