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« Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Bioindustry Association | Main | Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Paul Gilbert Cole »

September 21, 2015

Comments

I'm not convinced that the amendment the court focused on narrowed the claims. The clause already referred to a "manifest ... for further transport of the package on another transporting vehicle." It is not uncommon for an applicant to make claim amendments that the applicant does not consider to be narrowing, to improve clarity or to recite a feature more positively so the examiner will give it weight. This decision shows that can be dangerous in a reexamination context.

"Intervening rights" from reissues, reexaminations and IPRs is not just a "traditional".. "notion". It is statutory, and the statutes should have been noted.

So now the PTO is handing out patents on methods of using old data and old technology to prepare a "new" document?

Fascinating. I wonder how long that will last.

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