Wednesday, December 10, 2014

That's some highfalutin' lawyer talk, right there. That's what that is.

In case you missed it, the Supreme Court has not only denied Sigram Schindler's petition for cert in its appeal from the USPTO (you can read the petition here); it's considering sanctions against the attorney who filed the petition.

Here's the question presented:
“Does the US Constitution, in legal decisions based on 35 USC §§ 101/102/103/112,
• require instantly avoiding the inevitable legal errors in construing incomplete and vague classical claim constructions – especially for “emerging technology claim(ed invention)s, ET CIs” – by construing for them the complete/concise refined claim constructions of the Supreme Court’s KSR/Bilski/Mayo/Myriad/Biosig/Alice line of unanimous precedents framework,
or does the US Constitution for such decisions
• entitle any public institution to refrain, for ET CIs, for a time it feels feasible, from proceeding as these Supreme Court precedents require – or meeting its requirements just by some lip-service – and in the meantime to construe incomplete classical claim constructions, notwithstanding their implied legal errors?
Wow.


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