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February 8, 2012

Contaminated

6,346,983 suffered an ex parte reexam. '983 claims a gas particle counter. The claimed technology also applies to liquid contamination. Not surprisingly, some claims were found obvious. But then there was this:

The Board also rejected claims 6-8 for lack of written description under 35 U.S.C. § 112 ¶1. The PTO concedes that these rejections are in error and "seeks remand to the Board for it to withdraw the written description rejection and take appropriate action." Appellee's Br. 26. The Appellant agrees. Reply Br. 37.

Such concession of incompetence is refreshingly rare. In Re Yufa (CAFC 2011-1417).

Posted by Patent Hawk at February 8, 2012 7:21 PM | The Patent Office