Appeals to the Patent Trial and Appeal Board

Appeal can be difficult or lengthy but rewarding.

For applications where claims are continuously rejected over the same references or no additional amendments can be made to address the examiner’s concerns, consider appeal.

NRVIP Law will work efficiently to amend claims to minimize issues for appeal, resolving written description issues to focus on patent eligibility and prior art objections, such as obviousness. We incorporate distinctive dependent claims into independent claims, and cancel claims that require lengthy or convoluted arguments.

In a case relating to Methods of Making Engineered Tissue, the examiner maintained prior art rejections even after several amendments. After filing the appeal brief, there was an appeal conference held with two other examiners and as a result, the examiner recommended amendments that resulted in allowance.

In a case relating to a Modular Railing System, an appeal contesting multiple obviousness rejections was filed, and a Board decision reversing the examiner was obtained a little over 2 years from filing the appeal brief. The patent issued shortly thereafter.

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