A case supportive of the position that a change in the size of a claimed article does not impart patentability

Cannot be extended to support the proposition that changing the size of a component is a matter of obvious design choice.  Ex parte Drozdenko The claims in Drozdenko relate to a fan blade and an engine for gas turbines.  More specifically, the claims are directed to a adhesive and fabric stack used between a sheath […]

PTAB Designates Two Decisions Illustrating Bounds of Obviousness Rejections based upon “Design Choice”

On October 15, 2019, the PTAB designated as informative two decisions illustrating the bounds of use of “design choice” by Examiners in support of an obviousness rejection. In Ex parte Spangler, Appeal No. 2018-003800 (Feb. 20, 2019) Ex-parte-Spangler, Appellants’ claimed invention related to a featherseal incorporating two longitudinal tabs that engage with a post on […]