Patent Board Reconsiders, Reaffirms Rejection Of Venipuncture Method Patent

(July 11, 2016, 1:15 PM EDT) -- ALEXANDRIA, Va. — A May 2016 final decision by the Patent Trial and Appeal Board that upheld a patent examiner’s rejection of a patented method for improving vein accessibility during venipuncture will stand, despite reconsideration on July 11 by the board (Ex parte Hermsmeyer, No. 2013-010635, PTAB).

(Decision available. Document #16-160718-009Z.)

The board said it would make no modifications to its earlier decision, affirming the examiner’s rejections under 35 U.S. Code Section 103(a).

Equivalence

The board in May applied the standard for obviousness established in KSR...
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