Friday, December 16, 2005

USPTO ASSIGNING 35 U.S.C. 101 "CONSULTANTS" FOR EXAMINING CORPS: In light of the recently published Ex Parte Lundgren decision by the BAPI and the subsequent USPTO guidelines, more senior USPTO personnel have been dispatched to various technical groups to act as consultants for matters pertaining to patentable subject matter. Under this program, examiners that have deemed claims to be in violation of 35 U.S.C. 101 are encouraged to review the claims with a consultant prior to making the actual rejection. The program is supposed to curb instances of such rejections, that were effectively neutered in light of Lundgren.

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