AAPA - Updated PTO interpretation
RICK NEIFELD
The new Director issued updated guidance today on AAPA. See https://www.uspto.gov/sites/default/files/documents/20220609330updatedAAPAmemo.pdf
The relevant passage appears below:
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RICK NEIFELD
Doreen, you said "I don’t think this will be helpful to patentees." You tactfully made an understatement. Rick
From: Trujillo, Doreen Y. [mailto:Doreen....@saul.com]
Sent: Friday, June 10, 2022 11:05 AM
To: RICK NEIFELD <rnei...@neifeld.com>; Rick's List-Serve (pate...@googlegroups.com) <pate...@googlegroups.com>
Subject: RE: AAPA - Updated PTO interpretation
Thanks, Rick.
I note that she also states that admissions can be relied upon to supply missing elements/limitations, and that consideration of the admission should not be excluded based upon the number of elements/limitations. She cites exemplary language such as “one of skill in the art would readily understand,” “it is well known,” and use of words like “conventional” and “well-known.”
I don’t think this will be helpful to patentees.
Doreen
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Doreen Y. Trujillo |
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SAUL EWING ARNSTEIN & LEHR LLP 1200 Liberty Ridge, Suite 200 | Wayne, PA 19087-5569 |
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From: pate...@googlegroups.com <pate...@googlegroups.com>
On Behalf Of RICK NEIFELD
Sent: Thursday, June 9, 2022 11:48 PM
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Subject: AAPA - Updated PTO interpretation
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