PTAB Tech Center 1700 Observations, November 2019

Examiner’s in Tech Center 1700 had a reversal rate of about 40% in November, giving patent prosecutors and applicants alike something to be grateful for: The Board heard 86 appeals, and reversed the Examiner 34 times: Oral hearing was held 11 times.  In 8 instances, the Examiner was affirmed and in 3, the Examiner was […]

PTAB reverses Examiner on “overlapping ranges” rejection

Ex parte Sobota, decided November 27, 2019.  Ex parte Sobota PTAB Decision  Claim 11 of US Patent Application No. 14/907,957, the subject of this appeal, recites: 11.  A process for preparing trichlorosilane (TCS), comprising reacting metallurgical silicon (mg-Si) having a titanium content of 0.08 wt% to 0.12 wt.%, and a phosphorus content ≥ 30 ppmw […]

PTAB Holds All Claims Unpatentable under §101 in PGR Proceeding

U.S. Patent US9691090 is directed to methods of operationalizing privacy compliance.  On October 10, 2019, PTAB held all claims of the ‘090 patent unpatentable under 35 USC §101 as directed to abstract ideas as a result of a PGR challenge.  Avepoint v. Onetrust  While it may not come as a surprise to many that claims […]

Tech Center 1700 PTAB Observations, October 2019

As due diligence for an appeal in a difficult case I have been prosecuting for a client, I looked through the decisions issued by PTAB out of Tech Center 1700 in October of 2019.  Here are some things I found interesting: The Board heard 80 appeals, and reversed the Examiner 24 times. In the reversals: […]

USPTO Launches a Bulk Data Search Tool

Finally, PTAB decisions are searchable in a meaningful way. Previously, a searcher had to know the docket number or Petitioners name to find a decision. The new tool allows searching for text and/or a variety of fields including decision or issue type, and further allows limiting search results to a tech center.   https://developer.uspto.gov/ptab-web/#/search/decisions