June 5, 2017
Authored and Edited by Paula E. Miller; Thomas L. Irving
In Ex Parte Sauerberg, Appeal 2015-007064, 2017 WL 150016 (PTAB Jan. 10, 2017), the PTAB affirmed the Examiner’s rejection of the claims on the ground of non-statutory obviousness type double patenting where intervening continuations were filed between the application receiving the restriction requirement and filing the divisional application, denying the safe harbor protection of 35 USC 121 to this situation. The claims at issue are directed to a method of slowing, arresting, or causing regression of diabetes, impaired glucose tolerance, insulin resistance, or obesity, or the symptoms thereof. Further discussion of the decision and safe harbor under 35 USC 121 can be found on Finnegan’s Prosecution First Blog.
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