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December 4, 2008

Distinction

The USPTO rules changes successfully challenged by Dr. Tafas and GlaxoSmithKline head to oral arguments before the CAFC Friday. The beetles in the patent office rolling their dung ball up the hill this far practically defines the difference between determined cunning and intelligence.

For a tidy chronology and self-admittedly "naive or overly optimistic" prognostication, read Gene Quinn over at IPWatchdog. Pig-headedness and stupidity are kissing cousins, Gene.

Posted by Patent Hawk at December 4, 2008 1:14 AM | The Patent Office

Comments

Gene says: "Perhaps I am being naive or overly optimistic, but I still believe that at some point the government is going to withdraw the claims and continuations rules and moot the appeal before the Federal Circuit issues a decision."

The rumor I've heard is that the PTO couldn't drop this if they wanted to -- Justice has a bee in their bonnet that this is a slap at _Chevron_.

Posted by: Patent_Medicine at December 4, 2008 6:02 AM

Where does _Chevron_ fall in the discussion of Separation of Powers?

Posted by: breadcrumbs at December 4, 2008 7:26 AM

Gene Quinn and John White have provided good summaries of the oral arguments at:

http://www.pli.edu/patentcenter/blog.asp

Posted by: niRPa at December 5, 2008 12:49 PM