tag:blogger.com,1999:blog-6733236595417664807.post4658936715125740845..comments2024-03-05T06:00:22.338-05:00Comments on All Things Pros: Applicant wins petition and avoids labeling figure as prior artKaren G. Hazzahhttp://www.blogger.com/profile/14864564225463528630noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-6733236595417664807.post-6393751466313993792012-10-10T12:41:37.660-04:002012-10-10T12:41:37.660-04:00and if thats not enough, heres the killer, paragra...and if thats not enough, heres the killer, paragraph [0015]:<br /><br />"Figure 1 is a schematic plan view of a cooling system for a fuel cell stack in a fuel cell system *of the type known in the art*"Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-83800971908868928252012-10-10T12:37:38.919-04:002012-10-10T12:37:38.919-04:00this is clearly prior art drawing, from paragraph ...this is clearly prior art drawing, from paragraph [0010] of the spec: "A controller 28 controls the position...."<br /><br />note "A" controller, ie. as in the prior art, not "the controller of the invention", it is absurd to suggest that what is shown and described is actually the system with the controller of the claimed invention.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-56592815604139031622012-09-25T19:02:56.071-04:002012-09-25T19:02:56.071-04:00Yes, I've found that website the most helpful ...Yes, I've found that website the most helpful one around in that regard. Thanks to James Long, I was able to find that the Examiner I was going to appeal had been reversed by the BPAI at least 9 times within the previous two years and I was able to compare the rejections I wanted to appeal with the BPAI's reasons for reversal in those other applications. In my pre-appeal conference brief, I listed several of those cases and why the rejections in those cases were similarly deficient to the rejections in the case I was prosecuting. Result: Finality withdrawn and case allowed with a minor Examiner's Amendment.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-14780694393526047252012-09-25T18:55:16.513-04:002012-09-25T18:55:16.513-04:00Structure? We don't need no stinkin' struc...Structure? We don't need no stinkin' structure!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-35823779468487248772012-09-25T15:29:55.301-04:002012-09-25T15:29:55.301-04:00"Maybe a better approach is to have a FIG. 1 ..."Maybe a better approach is to have a FIG. 1 that includes a block inside the controller that represents the novelty – maybe call it "control algorithm X" – and then have the flow chart of FIG. 2 reference numeral X."<br /><br />Still objectionable, show us the structure, not some flow chart. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-840530006365476872012-09-25T15:28:33.776-04:002012-09-25T15:28:33.776-04:00""how a controller operates structurally...""how a controller operates structurally defines that controller." "<br /><br />There, that is what the objection should have been for. Pity the examiner didn't know how to properly object to it. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-27060244749160332012012-09-25T15:27:13.501-04:002012-09-25T15:27:13.501-04:00" but explained that operation of the control..." but explained that operation of the controller 28 depicted in FIG. 1 was part of the invention described in the detailed description"<br /><br />If that is claimed subject matter then the objection should have been related to failure to show claimed subject matter, and/or failure to provide a cutaway showing whatever novel parts are supposedly in there. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-36077230886476037612012-09-25T13:42:34.382-04:002012-09-25T13:42:34.382-04:00I can recommend something along those lines: James...I can recommend something along those lines: James Long compiles a list of daily decisions which includes Examiner name and other good stuff. <br /><br />It's at http://jianqchyun.blogspot.com/<br /><br />His site goes back to 2009.Karen G. Hazzahhttps://www.blogger.com/profile/14864564225463528630noreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-6703370433445841602012-09-25T11:27:27.717-04:002012-09-25T11:27:27.717-04:00I agree. I also wish that BPAI decisions were sear...I agree. I also wish that BPAI decisions were searchable by Examiner Name.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6733236595417664807.post-85251477621920735852012-09-24T23:42:31.069-04:002012-09-24T23:42:31.069-04:00"Finally, I wish petition decisions were sear..."Finally, I wish petition decisions were searchable, because I think petitions are a good tool to have in the toolbox. But until they are, I'll be limited to posting about petitions that I come across randomly while looking at other things."<br /><br />AmenKipnoreply@blogger.com