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August 23, 2012

Recapture

Xicor got a patent (5,977,585) for an incremental improvement relating to EEPROMs (static computer memory chips). Xicor sought a reissue, to recapture subject matter previously surrendered during prosecution, because the original claims were too broad. The USPTO, with negligent incompetence, allowed the recapture (RE38,370). Greenliant Systems and Silicon Storage Technology had to pursue a DJ to get rid of the patent. The CAFC, always happy to put a patent in the public domain, affirmed (CAFC 2011-1514).

Posted by Patent Hawk at August 23, 2012 12:42 PM | Prosecution