None
EN
PTAB ARP Issues Precedential Decision on Obviousness-Type Double Patenting, Asks CAFC for More Clarity
['Eileen Mcdermott']
IPWatchdog.com | Patents & Intellectual Property Law
There, the PTAB denied an examiner’s request for reconsideration of the Board’s November 8, 2024, decision reversing the examiner’s OTDP rejections of several claims of U.S.
The Board found that the reference patent the examiner relied upon for its OTDP analysis, U.S. Patent No.
The decision explained:“[T]he anti-harassment rationale is a second justification for the doctrine….
Finally, the decision recommended “circumscribing” the anti-harassment rationale if it is not abandoned completely.
Ultimately, the ARP reversed the PTAB’s rehearing decision and reinstated the examiner’s rejections of the claims at issue.