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Examples
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The court also held that Rule 75 and 265 conflict with the provisions of the Patent Act that assign the USPTO the burden of examination and the burden of establishing a prima facie case of unpatentability.
USPTO Files CAFC Appeal Brief: Tafas v. Dudas Peter Zura 2008
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The court also held that Rule 75 and 265 conflict with the provisions of the Patent Act that assign the USPTO the burden of examination and the burden of establishing a prima facie case of unpatentability.
Archive 2008-07-01 Peter Zura 2008
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In addition, the third-party requester may appeal to the Patent Board of Appeals and may appeal from the Board's decision to the Federal Circuit if the Board affirms a finding of patentability or reverses an examiner's finding of unpatentability.
Reexamination Stays Litigation in E.D. Tex. - EchoStar Technologies v. TiVo Peter Zura 2006
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In addition, the third-party requester may appeal to the Patent Board of Appeals and may appeal from the Board's decision to the Federal Circuit if the Board affirms a finding of patentability or reverses an examiner's finding of unpatentability.
Archive 2006-08-01 Peter Zura 2006
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The USPTO bears the initial burden of presenting a prima facie case of unpatentability.
Archive 2005-10-01 Peter Zura 2005
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The USPTO bears the initial burden of presenting a prima facie case of unpatentability.
The 271 Patent Blog Peter Zura 2005
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But to say that it's impossible is just sort of a cop-out, and to say that it will inevitably lead to the unpatentability of chemistry is clearly false, because most of the world and the USA of `72-`91 trundles/trundled along OK with some sort of distinction.
The 271 Patent Blog Peter Zura 2005
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Indeed, unpatentability ranked just behind costs of obtaining patents as the most frequently cited "most important factor" for not seeking patents.
ACM TechNews 2010
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It is difficult to know what to make of the unpatentability finding.
ACM TechNews 2010
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Intriguingly, more than 40 percent of the software executive respondents cited the unpatentability of the invention as a factor in decisions to forego patenting, and almost a quarter of them rated this as the most important factor.
ACM TechNews 2010
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