LexisNexis® Legal Newsroom
The Patent Reexamination Paradox of 35 USC 112

It would be so nice if something made sense for a change - Alice (in Wonderland) Earlier this week, the BPAI affirmed the rejection of certain means-plus-function claims of patent 5,283,862 in Ex Parte Lund (BPAI 2010-005851). Claim 1 recites the following elements: A portable computer unit...

Patents Post-Grant: Attacking 112 Support in Patent Reexamination

NTP Decision Explains Propriety of 112 Analysis in Patent Reexamination MPEP §§ 2258 and 2658 explain that, during a reexamination proceeding, the USPTO will not analyze originally issued claim language with respect to 35 U.S.C. § 112 , 1st paragraph. (It will, however, consider...