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Examiner’s Rejections Reversed on Appeal

September 18, 2018 by in Appeals

SSJR attorneys Gene and Jonathan Winter obtained a reversal of the Examiner’s rejections during an appeal on behalf of its client NAIAD Dynamics.  The Board stated that Examiner’s rejection was the result of impermissible hindsight, and the Board adopted SSJR’s arguments that the prior art “runs directly contrary to motivation examiner cites…”  The Board also noted, as a separate basis for reversal, that the Examiner failed to consider the inventor’s declaration evidence submitted during prosecution. Please click here to download the document.