No. 18-1072

James J. Macor v. United States Patent and Trademark Office

Lower Court: Federal Circuit
Docketed: 2019-02-15
Status: Denied
Type: Paid
Response Waived
Tags: 35-usc-102 35-usc-103 administrative-law analogous-art obviousness obviousness-standard patent patent-examination patent-law prior-art statutory-interpretation
Key Terms:
Patent Trademark
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the standard for determining if prior art is 'analogous' in making rejections under 35 U.S.C. § 103(a) as obvious, and whether a finding of non-analogous prior art renders such a rejection void

Question Presented (from Petition)

QUESTION PRESENTED In making rejections under 35 U.S.C. § 103(a) as obvious, what standard should be applied in determining whether prior art is “analogous,” and, if the prior art is demonstrated to be non-analogous, does that render any such rejection void?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-27
DISTRIBUTED for Conference of 4/12/2019.
2019-03-18
Waiver of right of respondent U.S. Patent and Trademark Office to respond filed.
2019-02-11
Petition for a writ of certiorari filed. (Response due March 18, 2019)

Attorneys

James Macor
Perry Matthew FonsecaLaw Office of Perry M. Fonseca, PC, Petitioner
Perry Matthew FonsecaLaw Office of Perry M. Fonseca, PC, Petitioner
U.S. Patent and Trademark Office
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent