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 actively damping oscillations in a compression process as being obvious over the combination of two references. In the Pre-Appeal Brief, WHIPgroup argued that there was no motivation to combine the references and that the proposed combination would require a change in the operational principle of the primary reference. WHIPgroup’s arguments convinced the panel of examiners to withdraw the final rejection and reopen prosecution, thereby avoiding the need for an Appeal or Request for Continued Examination.
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