Pre-Appeal Brief Nets Another Win

May, 24th, 2018

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

Following a Pre-Appeal Brief filed by WHIPgroup attorneys, the USPTO recently decided to reopen prosecution for a patent application directed towards a device for testing vehicle electrical energy storage systems. The Office Action had argued that the claims were anticipated by prior art.  In the Pre-Appeal Brief, WHIPgroup attorneys argued that the Office Action used impermissibly broad claim interpretations and that the cited reference failed to disclose several of the claimed features. WHIPgroup thus avoided the need to file a Request for Continued Examination (RCE) or full Appeal Brief to overcome the improper rejection.