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« PTAB Decides CRISPR Interference -- No interference-in-fact | Main | PTAB Decides CRISPR Interference in Favor of Broad Institute -- Their Reasoning »

February 15, 2017


Hey Michael,

Glad to see that the Federal Circuit continues to hold PTAB's "feet to fire" in terms of having substantial evidence to support its obviousness rulings, especially in IPRs. And your comment that patent examiners also need to have their respective "feet held to the fire" for such obviousness determinations in ex parte examination is astute, as well as correct.

I am really coming to love the words "opinion by Judge Taranto." This is a man who understands the role of administrative law in patent proceedings.

I could not agree with the final paragraph of this posting and the comments of EG more!

When was the last time that anyone saw an examiner actually walk through the Graham Factors, or establish exactly who constitutes a "Person Having Ordinary Skill In The Art" - down to the level that might be found in a court case?

Is it "fair" to expect this level of (actual) examination from the examiners of the USPTO?

Would such effort even be possible, given the internal metrics that, as it may appear, drive towards a less thorough (and therefor more shoddy) examination, rather than a more "quality" examination under the laws that control actual patent validity?

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