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Patent Reexamination Effectively Terminated by BPAI for Lack of SNQ
Posted On: Sep. 1, 2010
By: Scott A. McKeown
Expanded BPAI Panel Shoots Down Repackaged SNQ
Since In re Swanson, the standard for establishing a Substantial New Question of Patentability (SNQ) in a patent reexamination has been quite liberal. A requester need only establish that the submitted art be presented in a new light. Thus, previously considered prior art can be re-used, if applied to the claims in a slightly different manner than that of the original prosecution. Understandably, since Swanson, arguing that a rejection adopted by the Office in patent reexamination does not in fact present the previously considered art in a new light has been an uphill battle.
Yesterday, the USPTO found a rare SNQ it didn’t like….and pigs were seen flying down Dulany Street. Read the rest of this entry »
