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December 02, 2013


Another frivolous judgment. If patent office had adopted a misstatement, i suppose neither the patentee might have disclosed a specific amount of antioxidants which would result in reduction of the effectiveness of vitamin B.

Thanks to the applicant for appealling this lazy, shoddy "work" by the BPAI all the way to the Fed. Cir. Of course, this APJ is going to continue to do lousy, lazy work in the future, but at least this time the applicant got justice.

Yeah that's a pretty crazy factaul finding that they made there. Also pretty crazy that the applicant didn't point it out very clearly in his brief. But then, applicants don't do much of a better job than the office in such cases I suppose. Everyone flubbing their way to success in the patent field!

"the Board's factual error regarding the amount of antioxidant present in Jungkeit [also] taints its obviousness conclusion."

Taints? It does more than taint the obviousness conclusion. It blows it up entirely. A correct legal conclusion cannot follow from incorrect factual determinations. It is literally impossible.

I would not say "impossible" AAA JJ, as the two may be so disassociated as to be able to arrive at a correct result with completely fallacious facts (and simply miss out on the real drivers that provide the correct result).


We'll have to agree to disagree. If the examiner does not correctly resolve the factual inquiry into the scope and content of the prior art, and thus the factual inquiry into the differences between the prior art and the claims, it is literally impossible for the conclusion of obviousness to be correct. Literally impossible.

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