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September, 16th, 2019

WHIPgroup successfully argued to the Patent Trial and Appeal Board (PTAB) that its client’s invention is patentable over several cited references.  The claimed invention relates to an endoscopy system including a laser diode configured to emit a wavelength suitable for a photodynamic application.  The Examiner had rejected all claims as allegedly being obvious in view of combination of two references.  On appeal, WHIPgroup argued that several claimed features were absent from the cited references, and that the references taught away from the Examiner’s proposed combination of the references.  The PTAB agreed with WHIPgroup’s arguments and reversed the Examiner.  Shortly thereafter, the Examiner allowed all pending claims.

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