February, 7th, 2018

WHIPgroup attorneys were successful in reversing all prior art rejections of claims directed to a medical apparatus for mounting a sheath onto the distal end of a surgical shaft instrument. WHIPgroup argued that the cited reference was outside the field of endeavor of the present invention and failed to disclose various functional limitations. The PTAB agreed with WHIPgroup’s arguments, stating that “the Examiner ‘is required to make sufficient factual findings, such that it can reasonably infer that the prior art product and that of the patent at issue are the same.’ Howmedica Osteonics Corp. V. Zimmer Inc., 640 Fed. Appx. 951, 958 (Fed. Cir. 2016).” Oral argument was conducted using WHIPgroup’s video conferencing system, saving the expense of traveling to Washington, D.C.

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