Patently-O Bits and Bytes

26 thoughts on “Patently-O Bits and Bytes

  1. Please make sure that job postings are removed from your site immediately after they have been filled. Thanks

  2. I enjoy the instances where Examiners expand upon the law by misquoting it. One recent favorite took

    “If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim” In re Schreiber

    and turned it into

    “If a prior art structure is capable of performing the intended use, then it meets the claim” In re I’m Making the Law Fit

    Here, the issue was not that the claim was anticipated by the prior art except for the intended use recited in the preamble, as in Schreiber. Instead, the examiner was arguing that it would be obvious to add a feature to the primary reference. So, law pertaining to distnguishing a claim as a whole based on the stated use of the overall structure here became law that pertains to obvious modifications of the prior art.

  3. I’m with IANAE, but with one caveat – just expressly say which items are differing from the law (this would incorporate 7′s concerns).

    I am a lot lazier than IANAE and I also don’t trust examiners to know the law (although they think that they do)

  4. Just please stick to the actual law, not what you want the law to be please

    I’m particularly interested in examiners’ opinions where they may differ from the law. If I want to know the law, I can look it up.

  5. 6, if you’re serious, why don’t you contact them? There is no doubt a good deal of value you could add to such a site if you’re serious about it. I’m sure they would appreciate your submissions.

    I’d be interested in your opinion of what arguments you find convincing and don’t find convincing, on various issues. Just please stick to the actual law, not what you want the law to be please (i.e. your whole spiel about dependent claims, and a general processor disclosing every software application ever)

  6. PING
    We are all responsible for the decline of this country.
    What I wrote earlier was pffed………. But that is because of the C word.
    You all can figure that out.
    And even though it’s a bit late. Has anyone ever peeled down to the bone who runs the Lobbyists and the special interest groups? Why would any sane Country even allow special interests to control votes? I know us citizens didn’t put Congress in to go on a PAID vacation. Or to get PAID to allow a pharmacy group so they could make it impossible to live on a drug we can’t pay for. Or to give Congress the best Health care, while we get nothing. And congress is invariably getting voted in to cause all these problems?
    I am not all that savy too politics. But would other country allow their vote to be bought and sold?
    I have been sent a scare message. And it said. It is the government STUUUPPIIDDDD. And if I didn’t get it…. I too was part of the problem. I wonder who even sent that message. Was it a message from middle america. Or from …someone else to cause a rift in our country. Isn’t that sorta like the Trojan horse story.
    I don’t carry a gun. I only vote.
    But even that may not help.
    I hope hope this message doesn’t go pfffffftttt.

  7. he would appreciate just how annoying waiting for the bathroom can be. Also, with new regulations, and for common sense safety reasons, it’s not such a great idea to have a bunch of people standing in line in the aisles.

    I’m all for whatever removes any motivation for the airlines to put up a lame sign in the aisle reading “This is our lane. Notice there is no ‘p’ in it.”

  8. “next in line to use the airplane bathroom”

    Obviously Mooney doesn’t get out of his mom’s basement and travel on airplanes much, or else he would appreciate just how annoying waiting for the bathroom can be. Also, with new regulations, and for common sense safety reasons, it’s not such a great idea to have a bunch of people standing in line in the aisles.

    But, as one of those smart guys once said, “common sense ain’t so common” especially around the Mooney household.

  9. Ex parte what and Public Searcher DIP,

    Reexam information will often show up under the continuity data tab in PAIR.

  10. Ex parte what,

    Does the reexam information show up under the file wrapper or transaction history tabs within Pair? It might be a left hand not talking to the right hand situation because Reexams receive a different serial number and your case is still technically a “patented case” even if that status is cloudy.

    I know that for cases at the BPAI (which do not garner a different serial number) the location on the application data tab changes from electronic to BPAI and lots more paperwork shows up under the file wrapper and transaction tabs. See 6546928 as an example.

  11. Thanks, IANAE–I did not realize it would show up as a separate application, but right there it was. (I do think it would be appropriate, though, if the PAIR status for the issued patent indicated that it was being reexamined).

  12. It seems like reexams should be connected to the PAIR record for the sake of proper public notice.

    Check the continuity tab. Re-exams get a different application number.

  13. Does anybody know whether reexams are supposed to show up on PAIR? I was looking at an issued patent and its status on PAIR is “patented case,” but it turns out if you Google the patent it’s under reexam. It seems like reexams should be connected to the PAIR record for the sake of proper public notice.

  14. News today: Once signed in to Facebook, users visiting other websites can view modules displaying their friends’ likes and comments about that site’s content.

    Will Facebook tell me when my friends are next in line to use the airplane bathroom?

  15. In his interview with TPA, Harris described the a-ha moment that led to the invention in the ’377 patent: “I was actually standing in line in a department store, and the lady in front of me used her charge card. They asked her for ID and she had a piece of masking tape over her picture, and she said something like, ‘That is such an ugly picture of me, I can’t stand looking at it.’ That led me to this idea that maybe you could use a bar code on the driver’s license, and that bar code could be interpreted by a machine to show a picture… some of what was in this application is different ways of getting more detail into a bar code. One idea I thought of is putting two bar codes, and you’d want the same information to be in both bar codes. There would be partial overlap, not complete overlap. That’s really where it started.”

    Begins with a “t”, ends with an “l”.

  16. I saw Judge Michel speak here at the office the other day. Seemed like an ok speech but I have to say I don’t think he brought his rather commanding court presence with him that morning save for a few moments. This guy has practically lived this system for many years. He should be supremely confident in what he has to say and bring the full force of personality to bear in his new mantle he wants to don. “public advocate” or something like that was what he said iirc. Basically he just wants to be a private citizen doing the work of a lobbyist except to the press and the public arena instead of to politicians directly. I personally say he could split the difference and lobby a bit and publicly advocate a bit, perhaps not taking an salary as a lobbyist to keep his “cred”.

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