Why is the Old Combination rejection no longer valid in patent examination?
The Old Combination rejection is no longer valid due to changes in patent law and subsequent court interpretations. The MPEP 2173.05(j) states: “A majority opinion of the Board of Appeals held that Congress removed the underlying rationale of Lincoln Engineering in the 1952 Patent Act, and thereby effectively legislated that decision out of existence. Ex…
Read MoreWhat case law supports the invalidation of the Old Combination rejection?
Several key cases support the invalidation of the Old Combination rejection: In re Bernhart: This case emphasized that statutory language is the proper basis for claim evaluation. The MPEP 2173.05(j) notes: “The court pointed out in In re Bernhart, 417 F.2d 1395, 163 USPQ 611 (CCPA 1969) that the statutory language (particularly point out and…
Read MoreHow did the 1952 Patent Act affect the Old Combination principle?
The 1952 Patent Act had a significant impact on the Old Combination principle, effectively invalidating it. According to MPEP 2173.05(j): “A majority opinion of the Board of Appeals held that Congress removed the underlying rationale of Lincoln Engineering in the 1952 Patent Act, and thereby effectively legislated that decision out of existence. Ex parte Barber,…
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