WHIPgroup Successfully obtained patent allowance with an Appeal Brief. The invention is directed to an agitator ball mill, and has cams with specific ratios that improve mixing, cooling, and durability. The Patent Office rejected all claims on the basis that the specification allegedly failed to support “criticality” of the claimed ratios and that they allegedly would have been the result of routine optimization. WHIPgroup filed an Appeal Brief arguing that the claimed ratios provide benefits over the prior art and that the Patent Office used improper hindsight to reject the claims without evidence. Rather than Answer the Appeal Brief, the Patent Office issued a Notice of Allowance for all pending claims. Accordingly, allowance was secured by WHIPgroup without the need to file a Reply Brief or a Request for Continued Examination (RCE).
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