This is the second of a two part series about efficient and cost effective ways to avoid potentially critical implications by silence during prosecution of an application. The first part of this series presented techniques for generating a prosecution history that rebuts an implication that additional patentablity arguments were not believed to be available or…
Category: §§102 and 103 Rejections
Avoiding Implications By Silence In A Prosecution History – Part 1
This is the first of a two part series discussing various techniques that take advantage of opportunities in a prosecution history to rebut/preclude disadvantageous implications that often tend to arise in patent litigation. These techniques tend to yield prosecution histories that are more difficult to assail while also providing future litigators asserting the patent with…