Sunday, February 7, 2010

Case law you can use

One of the benefits of reading BPAI decisions is that occasionally I see the Board citing specific case law supporting an argument that makes sense to me, but which I can't find addressed in the MPEP. For example, I cite In re Arkley for the proposition "the Examiner can't pick and choose from unrelated embodiments in an anticipation rejection." I couldn't find anything in the MPEP about this, but when I saw the Board refer to it in a decision, I started using this argument and citing the case. (See my discussion of In re Arkely here.)

Now that I'm reading lots of BPAI decisions, I'm making a concerted effort to capture these great case law quotes. And when I find a good one, I'll be posting about it as "Case law you can use."

The first "Case law you can use" post will be later this week, and I'll be adding this as a tag to enable readers to quickly find these posts.


  1. I've been doing something like that for about a year now with reversed and affirmed-in-part cases at the BPAI updated daily:

    I'm creating a page linking from the MPEP 2100 back to the quotes by date now.

  2. I was just remarking I was a pixel pusher in a previous life...