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...