WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection. During prosecution, the USPTO rejected claims directed to a method for depositing a group IV crystal layer on a substrate as not being enabled. In the Pre-Appeal Brief, WHIPgroup argued that the claims were enabled to one having ordinary skill in the art, and the elements which the Examiner marked as critical were actually potential embodiments. WHIPgroup’s arguments convinced the panel of examiners to withdraw the final rejection, thereby avoiding the need for an Appeal or Request for Continued Examination.
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