WHIPgroup is pleased to report another success from using the USPTO’s Pre-Appeal Brief Request for Review program. A Final Office Action rejected the claims of a patent application directed to a novel, length-adjustable endoscopic device. In the Pre-Appeal Brief, WHIPgroup attorneys argued that the Final Office Action overstated the features of the prior art, which would not enable a person having ordinary skill in the art to achieve the claimed invention. Further, WHIPgroup argued that the Final Office Action failed to provide any support or analysis to support the rejection. WHIPgroup’s arguments convinced the panel of three examiners to withdraw the final rejection and reopen prosecution, avoiding the need for an Appeal or Request for Continuation.
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