USPTO Director Affirms Recent Decision from Board of Patent Appeals and Interferences, Robert J. Diaz, Esq.

The Board of Patent Appeals and Interferences decision on Ex Parte Frye (Appeal No. 2009-006013) on February 26, 2010 made it clear that ordinarily the specific findings of a patent examiner are reviewed de novo only when the applicant specifically challenges those findings on appeal. The fact that the Director of the United States Patent and Trademark Office signed off on the opinion likely indicates that appellants can expect greater scrutiny by the board on this issue in the future.

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