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Can Board remarks about claim features be interpreted as allowance guidance?

By russ.krajec@blueironip.com | September 27, 2024

No, remarks by the Patent Trial and Appeal Board about claim features should not be interpreted as guidance for allowance. MPEP 1213 clearly states: A remark by the Board that a certain feature does not appear in a claim is not to be taken as a statement that the claim may be allowed if the…

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