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Written description – the new frontier of bad rejections July 15, 2009

Posted by Brian Schar in General.

I received an office action today for an application that has been pending for over 5 years.  This case has gone through 4 previous office actions with two separate examiners.  I thought we had reached agreement as to allowable subject matter after an interview almost 6 months ago.  Rather than a notice of allowance, I received yet another rejection, this time on written description grounds that several claim terms – all of which are defined in the specification, which have been used during prosecution for years, and which have never been questioned – are “indefinite.”  Talk about senseless, piecemeal examination designed to waste the applicant’s time and money!

Some days I can’t stand this job.


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