The Claim Contingency: How If-Then Language Can Sink a Patent

Edward Ryan Conditional language seems like a natural choice for describing computer-based inventions. The if-then structure mimics computer logic, allowing an algorithm to be translated directly into the claims. But, thanks to a counter-intuitive and inconsistently applied principle of claim interpretation, using this language can result in claim elements being ignored entirely--both in prosecution and in litigation. How are conditional claim limitations...

Defining the Posita: PTO Examiners Must Disclose the Resolution of the Level of Ordinary Skill in the Pertinent Art

By Gary R. Maze & Richard T. Redano
Examiners often combine references when asserting a claimed invention is obvious because a person of ordinary skill in the art would have reasons to combine prior art reference teachings.  They almost never discuss disclose who such a person is. In 1966, the United States Supreme Court, in Graham v. John Deere Co., announced four factors...