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November, 1st, 2021

WHIPgroup successfully obtained another reversal of an Examiner’s rejections on appeal to the Patent Trial and Appeal Board (PTAB). The invention is directed to a medical imaging system with an overlay aid for indicating an area of interest on a medical image. The Patent Office rejected the claims based on prior art showing image scale that uses focal length. WHIPgroup’s Appeal Brief argued that the prior art not only failed to teach an overlay, but that a scale discourages the claimed invention. The PTAB then reversed the rejections. Appealing an examiner’s rejections is often the best way to advance prosecution of a case. This takes it out of an examiner’s hands and without limiting amendments that accompany a Request for Continued Examination (RCE).

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