IP Blog

Ex parte McAward

Precedential PTAB Ex Parte Decision on Indefiniteness

In an Ex parte McAward, Appeal No. 2015-006416 (published August 25, 2017), the Patent Trial and Appeals Board ruled that the Supreme Court opinion in Nautilus, Inc. v. Biosig Instruments, Inc. does not mandate a change in the USPTO’s approach to indefiniteness during patent examination.  The PTAB has designated this case precedential, which is rarely done with ex parte decisions. By...

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