WHIPgroup successfully obtained allowance of an application with the filing of an Appeal Brief. The technology relates to an electrically insulating fluid made with isoparaffins derived from a renewable carbon source. The claims were finally rejected as obvious over a reference directed to preparing base oils and lubricant compositions, and the Examiner argued that one skilled in the art would have intrinsically known such compositions to include the claimed limitations. In the Appeal Brief, WHIPgroup argued that the reference relied on by the Examiner was not prior art because it was non-enabling as an insulating fluid. WHIPgroup also argued that the Examiner’s reliance on “intrinsic” knowledge was improper. After receiving the Appeal Brief, the Examiner issued a Notice of Allowance allowing all claims, without the need for further briefing.
By William L. Birks “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 While every prevailing party would seek attorney fees if they could, it’s important [Read More…]
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