Recently, I noted the PTO’s war on functional language. Basically, the PTO has slowly increased the language that will be presumed to be covered by 35 USC 112(6). Now, an… read more →
In the recent case of In re Blake Bookstaff , the CAFC reversed a decision by the Patent and Trial Appeal Board (Board) affirming a rejection under 102(b). Briefly, the invention… read more →
When a claim uses the term “means” to describe a limitation, a presumption exists that the inventors used the term to invoke 35 U.S.C.§ 112, sixth paragraph. However, the presumption… read more →
On Feb. 9, 2011, the issued new PTO guidelines (Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112) stating that a limitation will be interpreted as means plus function… read more →