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September 30, 2012

Out of Whack

The USPTO's curmudgeonly incompetence was on display at the CAFC last week. Abbott Diabetes Care had its patents put under reexamination by a third party. The PTO denied the patent it had once granted; a failure of initial examination. In the reexam, the construction of "electrochemical sensor" was disputed. The CAFC found that "the Board's construction of 'electrochemical sensor' is unreasonable and inconsistent with the language of the claims and the specification." The patent appeals board also reversed itself before the CAFC on having agreed with the examiner on rejecting new claims based upon "official notice," which is shorthand for "no evidence." (CAFC 2011-1516).

Posted by Patent Hawk at September 30, 2012 10:22 AM | Prosecution