Invalidating design patents dating for parents with autistic children
Consequently, in the PTAB’s assessment, the representative claim did not rise above the threshold test of patentability under section 101.
But much of what the PTAB seems concerned about relates to disclosure and there is nothing in the PTAB panel decision in to suggest that the PTAB reviewed the specification to determine whether the somewhat generally described terms were given particularized meaning by the applicant.
Next, the issue whether the apparatus operates in an unconventional manner or not can be addressed in terms of its function.
For instance, in ’s decision, the unconventionality was measured in terms of the ease with which human animators can animate 3D characters.
Currently, he works on multidisciplinary research projects that involve synthetic-organic, physical-organic, organometallic and computational chemistry. He is also proficient with most sections of the MPEP and the landmark judgements of the PTAB, the Federal Circuit and the US Supreme Court. Yonghao Jin is a Research Faculty member at the Florida A & M University.
Besides research, Dinesh takes keen interest in the US Patent laws and Rules that are concerned with determining patentability of an invention [35 U. He has earned his doctorate degree in Medicinal Chemistry.
Besides his research, he takes special interest in the patentability sections [35 U. C 101, 102, 103 and 112] of the US Patent laws and Rules. Hulu, US Supreme Court, § 101 Posted In: Courts, Federal Circuit, Guest Contributors, IP News, IPWatchdog Articles, US Supreme Court, USPTO Warning & Disclaimer: The pages, articles and comments on do not constitute legal advice, nor do they create any attorney-client relationship.
However, the Federal Circuit held differently, stating that “we have held that such programming creates a new machine, because a general purpose computer in effect becomes a special purpose computer once it is programmed to perform particular functions pursuant to instructions from program software decisions, the Itagaki MRI apparatus, which used an algorithm, should have been been properly treated as a “special purpose apparatus” weighing towards patent-eligibility under section 101 despite involving an abstract idea.He has published his research in several peer-reviewed international quality journals and is also the recipient of MDS (Molecular Design and Synthesis) Award.He has also patented a transition metal-catalyzed method in the USPTO.In the current scenario, the primary function of MRI apparatus is to produce images, and thus the unconventional manner of working should be measured in terms of the variations in the images produced by the improvised MRI apparatus.Now, while overruling the examiner’s 103(a) rejection, the PTAB stated that the “Because the evidence relied upon does not disclose or lead one of ordinary skill in the art to a multi-station MRI to which all the claims are limited to, a prima facie case of obviousness has not been made out in the first instance by a preponderance of the evidence…Accordingly, the rejection is not sustained.” This suggests that the MRI apparatus of the claims was not only novel, but it was also non-obvious such that the person of ordinary skill in art could not have envisioned it.