L&P Victorious in PTAB Appeal

Today, the Patent Trial and Appeal Board (PTAB) reversed all rejections in an ex parte appeal no. 2018-00923, corresponding to U.S. Patent Appl. No. 14/322,870.  The decision is a complete victory for L&P’s client, the patent applicant.  

The appeal was briefed and argued (telephonically, according to the Board’s new default procedures) by L&P partner and co-founder Matt Phillips.  The Board’s decision was released today, just six business days after the oral argument.  Phillips remarked, “Appeal should be a last resort, reserved for cases in which you just cannot work out acceptable claim scope with the examiner, but in those cases an appeal is usually the best option to get the claim scope that your client deserves.  In this case, it was satisfying to have the Board agree with us on every single point and to issue its decision so promptly.”  Phillips also added, “The telephonic hearing process worked really well.  I’ve conducted many telephonic hearings in the Board’s trial section but this was my first in an ex parte appeal.  I’m glad to see the Board adopt this technology.  The convenience of not travelling is nice.”