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Field of the invention, and analogous art August 8, 2012

Posted by Brian Schar in General.
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The BPAI issued a nonprecedential opinion today in Ex parte Bo Xia.  The applicants’ Field of the Invention was detailed but not particularly limiting vis a vis the contents of their claims.  The Field was directed to bonding galvanized surfaces.  The Board found that, based on the Field, a patent directed to pigment emulsion was not analogous art and could not be used in an obviousness rejection.  This is a great example of how a properly-crafted Field of the Invention can be nonlimiting and also can be tremendously useful in overcoming 103 rejections.

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