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When a figure is bad in a patent application.

By Lawrence B. Ebert, Esq.

An article on Ex parte Khan (concerning nanoparticles of MoO3) stated:

The Board agreed that "a picture is worth 1000 words."(23) Pictures are invaluable tools to depict what the invention is all about. However, here it harmed the patent application. As a matter of fact, the Board visualized more "needle-like" nanoparticles in the Fig. 4 of the claimed invention than did the Examiner. (24) So, the lesson is not to take a chance, and to make words the most important tool when the call is close. Appellants should have guided the Examiner with words showing how the nanoparticles were regarded as a cylinder and not as a "needle," and should have explained why some looked like a "needle."

Full post as published by IPBiz on May 31, 2008 (boomark / email).