October 6, 2011
Old Mule on Old Ground
Rule
of law and adherence to procedure are a shell game at the USPTO, just as
competent examination on the merits is a chimera. Less than three weeks ago
the CAFC
kicked the BPAI for making up a new rejection when the examiner's wasn't up
to snuff, then not allowing the applicant to address it. Another of the same ilk
came to the CAFC: In re Steppan (CAFC
2010-1261), and the CAFC kicked it back for a makeover. The patent office,
led by former IBMer David Kappos, plays dirty with pipsqueak inventors. This
sort of problem never crops up with an application assigned to a major
corporation.
Posted by Patent Hawk at October 6, 2011 10:08 PM | Prosecution