Three Bits from the files of Hal Wegner:
- BPAI Evidence: In a recent petition in Reexamination No. 90/006,707 (2008 Westlaw 2938366), the Commissioner of Patents barred an applicant from submitting a reply brief that contained new evidence. The proffered evidence was a citation to a dictionary definition. This should serve as a reminder to applicants that the evidence for a BPAI appeal should be laid prior to the appeal.
- Classen v. Biogen: This case has been waiting an appellate decision since oral arguments one year ago. At least one patent is challenged under 35 U.S.C. 101 as it arguably covers the process of “thinking about” an immunization schedule and then immunizing.
- Great upcoming conference in London, November 11: http://www.ucl.ac.uk/laws/ibil/index.shtml?events.