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Ex parte Fressola

Board of Patent Appeals and Interferences
27 U.S.P.Q.2d 1608 (1993)

Written by Craig Conway, LLM

Facts

Fressola (applicant) filed a utility patent application that included a general, “omnibus” claim that merely claimed the invention as disclosed in the specification and figures. The patent examiner rejected the claim under 35 U.S.C. §112, ¶2 for “failing to particularly point out and distinctly claim the subject matter which the applicant regards as his invention.” Fressola appealed the decision to the Board of Patent Appeals and Interferences.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in.

Issue

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Holding and Reasoning (Serota, Chairman)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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