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ARTICLE · 12 JUNE 2024

PTAB Reverses Examiners On Unexpected Results

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In Ex parte Freeman (USSN 16/270,259; TC 1600; Appeal 2023-000512, the underlying application being referred to herein as the "Freeman application"), a finding of obviousness and obviousness...

United StatesIntellectual Property
Derek Lightner
Derek Lightner
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In Ex parte Freeman (USSN 16/270,259; TC 1600; Appeal 2023-000512, the underlying application being referred to herein as the "Freeman application"), a finding of obviousness and obviousness-type double patenting (ODP) was reversed on May 24, 2024. Freeman's application was examined by Devang Thakor initially, but the case was taken over by another primary examiner, Nicole Babson, whose position was supported by Supervisor Patent Examiners, David Blanchard and Bethany Barham.

Claim 1 of the Freeman application, after preliminary amendment, claimed

[a] composition comprising:

a porous particulate material comprising silicon dioxide, the porous particulate material having been heated in an oxidizing environment at a temperature at or above 800°C; and

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