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February 28, 2022


Is there a link to the actual decision?


A link to the PTAB File Wrapper, where the Decision on Priority 37 C.F.R. § 41.125(a) can be accessed, has been added to the post.

Thank you for your comment.


Don, thank you! I was tooling around on PTAB E2E for a while, since I usually go there for IPR etc. documents, but I didn't realize interferences use the separate ACTS portal. So I've been thoroughly schooled. Now I just have to crunch my way through this 82-page decision...


As this art field is typically outside of my bailiwick, I have not been paying too close attention.

But I was struck with a somewhat random thought this morning.

Given how "close" the contest has been, and recalling how some pundits have attempted to have a HYPER-powerful obviousness block on patents (amounting to an argument that ANY incidence of a close competing development is a clear indicator that such results is necessarily obvious (from the Latin, ob via, or, "in the road") - that NO ONE should obtain a patent for the contested matter) -- would patent law be better served with such a "NO patents for close contests" view of obviousness?

AND if the answer is "no," then does not the logic extend to ALL art fields?

The comments to this entry are closed.

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