Pre-Appeal Brief Gets Patentable Subject Matter Rejections Withdrawn

March, 14th, 2019

Categories: Blog, News Tags: patent, whipgroup

WHIPgroup attorneys were successful in using the Pre-Appeal Brief Program to get rejections withdrawn by a panel of examiners. The invention relates to use of live video in a control system for an industrial process, such as power and oil/gas production. Problems exist with prior art systems where the display area is occupied by a graphical process control view. Using a live video stream according to Applicant’s invention, an operator does not have to divert attention from the live video to perform control activities. The claims were rejected solely on the basis of patentable subject matter. WHIPgroup argued the rejections were improper because the claims are directed to an industrial process control system, and that it was error for the examiner to selectively pick and choose legal support without applying it to the claims. A Pre-Appeal Panel Conference was held and the rejections were withdrawn, without the Applicant having to go through a formal appeal process.