Examiner Reversed on All Obviousness Grounds on Appeal

November, 14th, 2018

Categories: Blog, News Tags: patent, PTAB, USPTO, whipgroup

WHIPgroup successfully argued to the Patent Trial and Appeal Board that its client’s invention is patentable over an examiner’s rejection.  The claimed invention is directed to a medical instrument that more easily and reliably identifies the rotation of a tool tip of a minimally invasive robotic surgical device. The Examiner rejected the claims as allegedly being obvious over three references. On Appeal, WHIPgroup argued that all three references in combination failed to teach all the limitations of the prior art. The Board agreed with WHIPgroup’s arguments and reversed the Examiner.