In those (in retrospect) halcyon days more than a decade ago (before Mayo, Myriad, Alice, and the subject matter eligibility quagmire arose), perhaps the most significant Supreme Court.
Outline of your optiona, when facing a claim rejection;using the all elements rule1, data is playing an increasingly important role in patent prosecution often more convincing approach is to combine those arguments with real life data , approach should be multi-faceted.
The following telephone arguments will be available to the public live. Access information will be available by 9 AM ET each day of argument at: http://www.cafc.uscourts.gov/public-access-arguments.
We recently wrote about the Federal Circuit’s 2020 decision in
Donner Technology, LLC. v. Pro Stage Gear, LLC, where the Federal Circuit vacated the PTAB’s denial of an obviousness challenge due to its finding that the prior art was not analogous art. In doing so, the Federal Circuit cautioned against defining the particular problem too narrowly such that proper prior art is not considered as analogous art. In its recent final written decision in
The challenged patent in
Perma Pure, U.S. Patent No. 9,861,298, related to “the use of a tube for sampling of respiratory gases.”
Perma Pure, at 9.