WHIPgroup successfully persuaded the PTAB to reverse rejections for a computer-implemented invention. The invention is directed to a control system for a materials separation process that can be used for pulp and paper production. The claims were rejected for lack of enablement, indefiniteness, and anticipation. On Appeal, WHIPgroup argued the disclosure should be presumed to be enabled and a patent need not teach, and preferably omits, what is well known in the art. In addition, WHIPgroup argued the inventors are skilled in the art and the Office failed to provide any evidence rebutting their teachings in the specification. Finally, WHIPgroup argued that programming creates a new machine once it is programmed and the Office failed to give patentable weight to these limitations. The PTAB Board agreed and reversed all rejections. This case demonstrates that examiners continue to struggle with computer-implemented inventions. Oral argument was held on April 25 from WHIPgroup’s video hearing room, which provides a cost-effective alternative to in-person arguments in Washington, D.C.
January 2, 2025 marks a momentous day for Margo Kirby and her late husband Bruce Kirby. After a nearly 12-year legal battle in federal court, including an appeal to the Second Circuit, a federal judge [Read More…]
Join WHIPgroup’s Managing Member, Wes Whitmyer, Jr. on January 16, 2025 at 5:30 as he hosts TechXel Stamford Expert Talks lecture on patents, trademarks and intellectual property topics! All are welcome and encouraged attend this [Read More…]
By Wesley W. Whitmyer, Jr. Koslow Technologies Corporation (Koslow) was sued in the SDNY in a 100-page complaint over a contract claim related to the supply of gravity water filters which remove viruses. One World [Read More…]