Mere Filing of Appeal Brief Results in Allowance

May, 6th, 2019

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

WHIPgroup successfully obtained allowance of an application with the filing of an Appeal Brief.  The application relates to a medical manipulator with a working unit that provides a rolling operation with unlimited range of rotation.  The Examiner had rejected the claims by selecting elements from various prior art references without connecting the elements.  In the Appeal Brief, WHIPgroup argued that the Examiner relied upon an unreasonable interpretation of the prior art.  WHIPgroup also argued that the Examiner’s proposed combination would fundamentally alter the basic operational principle of the primary reference and would require a substantial reconstruction.  After receiving the Appeal Brief, the Examiner issued a Notice of Allowance allowing all claims, without the need for further prosecution.