WHIPgroup successfully appealed rejections of a patent application directed to a surgical system. The system includes a hollow shaft and a shaft-type instrument that is secured within the hollow shaft in a manner to provide a rinsing area for transmitting liquid agents. The Examiner had rejected the claims as allegedly being obvious over a combination of two references. On Appeal, WHIPgroup argued that several claimed elements were missing in the prior art and that one reference taught away from configuring a rinsing area between the interior surface of a hollow shaft and the exterior surface of an instrument. The reference specifically disclosed a distal window sealing an instrument lumen to prevent exposure of an instrument to bodily fluids, thereby discouraging the need for a rinsing area. The PTAB was convinced by WHIPgroup’s arguments and reversed the Examiner’s rejections. Issuance of a patent containing all pending claims is expected in due course.
By Stephen Ball A decision earlier this summer underscores ongoing problems with patent law jurisprudence at the United States Court of Appeals for the Federal Circuit (“Federal Circuit”). In Yu v Apple, the Federal Circuit invalidated [Read More…]
By Ryan Newell The agriculture industry is undergoing rapid and revolutionary changes. Inventors should take notice. The traditional farming system is threatened by accelerating water shortages and an ever-growing population. To sustain everyone, it must [Read More…]
Jasmine Gratton is completing her LL.M in Intellectual Property and Information Technology Law at Fordham University School of Law. She has an LL.B. from University of Bristol Law School in England, and completed her thesis [Read More…]