October, 24th, 2017

WHIPgroup attorneys successfully appealed an obviousness rejection for a patent application directed to a medical instrument with a touch screen movable between a first position within a housing footprint and a second position extended from the housing footprint. WHIPgroup argued that the cited reference had been misinterpreted by the Examiner and in fact showed a touch screen with a different type of movement. The Board agreed with WHIPgroup’s arguments, stating that they “could not find any portion in [the cited reference], and the Examiner has not cited to any portion, to support [the Examiner’s interpretation].” The Board thus reversed the obviousness rejection.

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