Jed Rothwell wrote:
> Stephen A. Lawrence wrote:
>
>> But also see note at end:
>>
>> > These
>> > examples are fact specific and should _not_ be applied as a /per se/
>> > rule.
>
> Ah, but in fact they do apply this.
>
>
>> I don't see any other way to interpret '... should not be applied a
Stephen A. Lawrence wrote:
But also see note at end:
> These
> examples are fact specific and should _not_ be applied as a /per se/
> rule.
Ah, but in fact they do apply this.
I don't see any other way to interpret '... should not be applied as a
per se rule ...'.
I would interpret that
Jed Rothwell wrote:
> See:
>
> http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2107_01.htm
>
>
> *II.WHOLLY INOPERATIVE INVENTIONS; "INCREDIBLE" UTILITY*
>
> ... , a "cold fusion" process for
> producing energy (/In re Swartz/, 232 F.3d 862, 56 USPQ2d 1703, (Fed.
> Cir. 2
See:
http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2107_01.htm
II.WHOLLY INOPERATIVE INVENTIONS; "INCREDIBLE" UTILITY
Situations where an invention is found to be "inoperative" and
therefore lacking in utility are rare, and rejections maintained
solely on this ground by a Fede
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