This article discusses the merits of appealing rejections to the Board of Patent Appeals in comparison to continued ex parte prosecution before the Examiner. The analysis takes into account recent decisions rendered by several patent panels and recent precedent of the Court of Appeals for the Federal Circuit. Recommendations are offered to place claims in better condition for appeal and for the types of arguments to be made, as well as to guard against potential pitfalls during prosecution.
Susan P. Pan,
Appealing A Rejection At the Patent Board of Appeals: Analysis of Recent Board Decisions and Non-Appeal Alternatives,
Rich. J.L. & Tech
Available at: http://scholarship.richmond.edu/jolt/vol10/iss1/4