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SSJR wins Appeal of Rejections for Application Directed to Design of a Medical Instrument

October 5, 2009 by in Appeals

SSJR’s attorneys have successfully appealed the rejection of a patent application directed to the ornamental design of a medical instrument such as an endoscope. Shortly after conducting an oral hearing, the Board of Patent Appeals and Interferences issued a Decision on Appeal reversing all outstanding rejections that had been issued by the Examiner in connection with the application. The Board agreed that the Examiner had not established that it would have been obvious for one skilled in the art to modify the prior art in order to arrive at the claimed design. Accordingly, the Board reversed the rejections. The sole claim is awaiting allowance in due course.