Showing 2 ideas for tag "descriptive-material"
(@justin.blaufeld) kudos icon +

2100 Patentability

Add back the precedential holding of Ex Parte Nehls to 2111.05 trending idea

The June 2020 revision of the MPEP deleted the following sentence: "USPTO personnel need not give patentable weight to printed matter."

You need to add it back for two reasons.

First, the MPEP is supposed to reflect Office policy, and it is established Office policy that USPTO personnel need not give patentable weight to printed matter. Specifically, this policy is established by the precedential holding of Ex parte... more »

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(@jasonliao) kudos icon +

2100 Patentability

2111.05 "or process" lacks cited support

In MPEP 2111.05, either citations to related-to-process based decisions should be provided, or the subheadings should be altered to remove parenthetical reference to processes.

The two subheadings in question are:
I. DETERMINING WHETHER A FUNCTIONAL RELATIONSHIP EXISTS BETWEEN PRINTED MATTER AND ASSOCIATED PRODUCT (OR PROCESS)
II. FUNCTIONAL RELATIONSHIP BETWEEN PRINTED MATTER AND ASSOCIATED PRODUCT (OR PROCESS)... more »

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