Patent Law

Upcoming CLE Event - Role of the U.S. Patent Examiner; Patent Examiner Training Academy.

Posted on May 06, 2009
  As some of our readers may know, I currently preside over the Toledo Intellectual Property Law Association (TIPLA).  TIPLA has organized a number of great CLE events this year (and shall remain my number one excuse for the sparse postings to AT! over the past several months)...

They Invented What? (No. 137)

Posted on May 06, 2009
U.S. Pat. No. 6,743,460:  Tomato raisin.  What is claimed is: 1. A method of producing a tomato raisin, comprising:      (a) removing the skin from a grape tomato to produce a skinless grape tomato; and      (b) drying said skinless grape tomato to produce a tomato raisin...

Upcoming CLE Event - Role of the U.S. Patent Examiner; Patent Examiner Training Academy.

Posted on April 28, 2009
  As some of our readers may know, I currently preside over the Toledo Intellectual Property Law Association (TIPLA).  TIPLA has organized a number of great CLE events this year (and shall remain my number one excuse for the sparse postings to AT! over the past several months)...

Third-Party Submissions: Providing Relevant References to the USPTO, Part II

Posted on April 20, 2009
        We continue our discussion of how patent practitioners may submit art to the USPTO that may invalidate a patent or result in §102 or §103 rejections of pending applications. Many are aware, of course, of the methods of bringing new art to the USPTO?s attention with respect to issued patents, for example:  Ex Parte Reexaminations (see MPEP 2200 et [...

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Upcoming CLE Event - Role of the U.S. Patent Examiner; Patent Examiner Training Academy.

Posted on April 17, 2009
  As some of our readers may know, I currently preside over the Toledo Intellectual Property Law Association (TIPLA).  TIPLA has organized a number of great CLE events this year (and shall remain my number one excuse for the sparse postings to AT! over the past several months)...

They Invented What? (No. 136)

Posted on April 16, 2009
U.S. Pat. No. 6,415,807: Decoy hunting/observing blind.   I claim: 1. A blind comprising in combination: a housing in the form of a hollow shell, said shell having segmental wall portions, and opposite sides of said shell terminating at a lower annular edge, said shell being sized to accommodate a hunter or observer in an upright position therein; said [...

They Invented What? (No. 135)

Posted on April 08, 2009
U.S. Pat. No. 3,234,948:  Cheese-filter cigaret. JW Note: The inventor observes that “it is preferred to use a hard cheese as exemplified by Parmesan, Romano or Swiss cheese . . . [however] Aged Cheddars and other “hard” cheeses may also be used”...

They Invented What? (No. 134)

Posted on April 01, 2009
U.S. Pat. No. 4,756,555: Wing apparatus for skiers. JW Note: Many thanks to Stephen Nipper at The Invent Blog for bringing this patent to our attention.   What is claimed is: 1. Apparatus for creating aerodynamic lift to a downhill skier, comprising harness means adapted to be worn by said skier, a left wing structure operatively carried by said harness [...

They Invented What? (No. 133)

Posted on March 30, 2009
U.S. Pat. No. 7,488,244: Apparatus for skinning squirrels. JW Note: We noticed this at the new 12:01 Tuesday patent law blog. Looks like a great new patent blog.  Check it out!   What is claimed is: 1. An apparatus that aids in the skinning and cleaning of a squirrel comprising: (A) a base plate comprising a solid metal form with [...

Tafas v. Doll.

Posted on March 21, 2009
CAFC Finds the USPTO Final Rules Limiting Continuations to Conflict With 35 USC 120, But Final Rules Limiting Claims, RCEs, and ESDs are Within USPTO’s Rulemaking Authority. (Fed. Cir. 2009, 08-1352) Triantafyllos Tafas, SmithKline Beecham Corporation, and Glaxo Group Limited (collectively “Appellees”) originally filed suit against the USPTO in relation to Final Rules published by the USPTO that placed [...

They Invented What? (No. 132)

Posted on March 19, 2009
U.S. Pat. No. 6,688,105: Iceberg utilization process improvement.   What is claimed is: 1. An improved method for the process of utilizing icebergs for supplying fresh water to arid geographical areas comprising the steps of selecting an iceberg, insulating the iceberg, moving the iceberg to its destination, and capturing melt water for distribution wherein improvements comprise:           selecting a [...

They Invented What? (No. 131)

Posted on March 12, 2009
U.S. Pub. Appl. No. 2008/0172175: Funny/humorous/abusive GPS system or navigation system. BACKGROUND OF THE INVENTION GPS or navigation system is a gadget which with the help of a satellite guides you when you are driving a vehicle and gets you to your desired destination...

Patent Reform Act of 2009.

Posted on March 03, 2009

Methinks Thou Doth Protest Too Little: Providing Relevant References to the USPTO.

Posted on March 03, 2009

They Invented What? (No. 130)

Posted on February 25, 2009
U.S. Pat. No. 6,060,700: Microwave oven with removable storage cassette in dashboard of motor vehicle.   What is claimed is: 1. A microwave oven adapted for use within a motor vehicle dashboard area, said oven comprising a cavity wherein foods and beverages are heated by a microwave generating magnetron powered directly or indirectly by power source means, said [...

USPTO Deferred Examination Roundtable Video Available.

Posted on February 24, 2009
A video of the USPTO roundtable discussion 0n February 12, 2009, relating to a potential “deferred examination” or “request for examination” procedure, has been made publicly available here.   As stated at the USPTO website, the purpose of the roundtable was to obtain public input on the practice from diverse sources and differing view points...

They Invented What? (No. 129)

Posted on February 19, 2009
U.S. Pat. No.6,926,629:  Attachment for blade of hockey stick.   BACKGROUND: A hockey stick is a structure that can hit an object, such as a hockey puck, with great force, with great control, and over a relatively great distance. For example, when hit by a hockey stick, a hockey puck can fly from one end to another end [...

Increase in Wikipedia Citations During Examination.

Posted on February 19, 2009
The Patent Librarian has an interesting post this week on the increasing number of Wikipedia citations during patent prosecution, by both applicants and examiners (despite the ban by the USPTO).  Specifically, the Patent Librarian has stated: Back in September 2006, the USPTO ordered examiners to stop using Wikipedia as a source of information for determining the [...

Manufacturing Letter on Patent Reform to President Obama.

Posted on February 15, 2009
A joint  letter from 135 U.S. manufacturers to President Obama, dated February 10, 2009,  has been circulating the patent blogosphere recently.   In the letter, the manufacturers caution against drastic changes to U.S. patent law, such as reducing penalties for patent infringement, which they believe will discourage innovation and result in reduced investment and lost jobs in our country...

They Invented What? (No. 128)

Posted on February 04, 2009
U.S. Pat. No. 5,182,857:  Shaving apparatus.   What is claimed is: 1. A shaving apparatus comprising a housing (10) and a shear plate (11) with a hair entry slot (24) wherein inside the housing (10) there is provided a device (12) for generating a laser beam (13) which acts as a cutting means and which impinges on the [...

New Inter Partes Reexamination Treatise.

Posted on February 02, 2009
Matthew A. Smith, a member of the adjunct faculty at George Washington University Law School and a Foley Lardner attorney experienced in reexamination, has now published a practical treatise on inter partes reexamination.  Mr. Smith has provided a sample copy of this book, free for copying and redistribution...

USPTO Virtual Job Fair.

Posted on February 02, 2009
Via the Just-n-Examiner blog today: On February 10th, the USPTO will host two virtual booths at the CareerBuilder.com Engineering Virtual Career Fair online, from 9AM to 8PM EST.  Candidates can visit the USPTO virtual “Entry Level” or “Electrical Engineering” booth to learn about the USPTO and obtain key agency information such as patent examiner vacancy announcements, [...

U.S. Patent Office to Host Roundtable on Deferred Examination.

Posted on January 28, 2009
Per a press release at the U.S. Patent and Trademark Office website today: In response to suggestions from stakeholders in the intellectual property (IP) community that the USPTO adopt some form of a deferred examination procedure, the agency will conduct a public roundtable discussion on the topic on Thursday, February 12, 2009, from 9 a...

They Invented What? (No. 127)

Posted on January 28, 2009
U.S. Pat. No. 6,650,315:  Mouse device with a built-in printer.   What is claimed is: 1. A mouse device for use as an input device of a computer, said mouse device comprising: a housing in which recording paper is loadable; and a printer unit provided within the housing for printing on the recording paper print information received from [...

They Invented What? (No. 126)

Posted on January 21, 2009
U.S. Pat. No. 4,377,249:  Belt buckle gun holder.   I claim: 1. A belt buckle adapted for use as a holder for a gun, comprising means for receiving a gun, said means also retaining said gun on said buckle, some of said means comprising a cover over said gun and being releasable to permit said gun to be [...

They Invented What? (No. 125)

Posted on January 15, 2009
U.S. Pat. No. 3,841,328:  Airplane Hijacking Injector.   Having described my invention, I claim: 1. Injector apparatus comprising, a general frame; a rigid sheet having an opening extending therethrough; means to secure said rigid sheet to said frame; a door; means to moveably secure said door to said rigid sheet; a resilient cushion supported by said rigid sheet; [...

Analysis of USPTO Continuing Education for Practitioners (CEP) Pilot Program.

Posted on January 15, 2009
As indicated in this previous AT! post, we had participated in the USPTO’s Continuing Education for Practitioners (CEP) Pilot Program.  As part of the pilot, the USPTO solicited comments and suggestions from participants relating to the perceived positive and negative aspects of the pilot...

Suggestions for Patent Reform in the 111th US Congress.

Posted on January 10, 2009
Most practitioners are well aware that the ill-conceived Patent Reform Act of 2007 died in Congress last year.  Indeed, the bill was widely opposed, and many of us found it surprising that the bill actually passed the House before going down in flames in the Senate...

They Invented What? (No. 124)

Posted on January 07, 2009
U.S. Pat. No. 5,419,345:  Hairpiece.   What is claimed is: 1. A hairpiece attachment device for attaching a hairpiece to a central scalp bald area of a user’s head, said device comprising:           a first component attachable to said central scalp bald area, said first component having an inner edge and a first plurality of hinge-type hollow cylindrical segments [...

Welker Bearing Co. v. Phd Inc.

Posted on January 04, 2009
The generic terms “mechanism,” “means,” “element,” and “device,” do not connote sufficiently definite structure to avoid means-plus-function treatment. (Fed. Cir. 2008, 08-1169) The U.S. District Court (E...

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