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USPTO Will Not Enforce New Claims and Continuation Rules . . . For Now

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Christopher P. Singer -- In the wake of the Federal Circuit's decision in Tafas v. Doll (see "Tafas v. Doll (Fed. Cir. 2009)"; "Federal Circuit Issues Decision in Tafas v. Doll"; and "Anyone Remember What These 'New Rules' Are All About?"), the U.S. Patent and Trademark Office posted an announcement clarifying that it has no immediate plans to enact the claims and continuations rules. While the USPTO takes the opportunity to remind us that the CAFC "concluded that the Final Rules were all within the agency's rulemaking authority," it also acknowledges that the Court held Rule 78 (limiting the...

Full post as published by Patent Docs on March 25, 2009 (boomark / email).