WHIPgroup obtained a Notice of Allowance on patent claims directed to a micro-invasive medical instrument. A Final Office Action rejected the claims over a combination of three prior art references. WHIPgroup attorneys argued that such a combination of disparate references was improper, and that the Office Action used impermissible hindsight in rejecting these claims. WHIPgroup utilized the AFCP program to argue the patentability of the claims and add additional dependent claims to ensure strong patent protection. The USPTO issued a Notice of Allowance with its AFCP Decision, avoiding the need for an Appeal or Request for Continued Examination.
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