by Steve Driskill | Mar 1, 2016 | [sub] printed publications, [sub] written description, Adequate Disclosure, Prior Art
(1) The PTO must do more than state that a claim term is not literally recited in the specification to establish a lack of written description support for that term. Here, for example, the specification was found to adequately support the terms “endorsement tag” and...
by Steve Driskill | May 27, 2014 | [sub] printed publications, Prior Art
While a printed publication must be sufficiently disseminated to qualify as prior art under 35 U.S.C. § 102, it “need not be easily searchable after publication if it was sufficiently disseminated at the time of its publication.” Thus, as here, even a non-indexed and...
by Steve Driskill | Jan 13, 2014 | [sub] printed publications, Prior Art
The fact that a printed publication may be incomplete (e.g., missing pages) does not automatically exclude it from being applied as prior art without a showing that the missing sections might “plausibly” teach away from the claimed invention. It is not plausible to...
by Steve Driskill | Nov 5, 2012 | [sub] corresponding structure, [sub] printed publications, Means Plus Function, Prior Art
While a fact-specific analysis, an internet posting on a website probably qualifies as prior art if “an interested researcher [could have found it] using that website’s own search functions and applying reasonable diligence.” In the age of Google, this is probably not...
