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Tafas v. Doll (Fed. Cir. 2009)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- On Friday, the Federal Circuit issued its decision in Tafas v. Doll (formerly Tafas v. Dudas). The Tafas appeal concerns the validity of four rules in the continuation and claims rules package promulgated by the U.S. Patent and Trademark Office on August 21, 2007. The four rules at issue are: Rule 75, which requires applicants submitting more than five independent or 25 total claims to file an Examination Support Document (ESD); Rule 78, which limits applicants to two continuation applications per application family absent a petition and showing; Rule 114, which limits applicants to one RCE...

Full post as published by Patent Docs on March 23, 2009 (boomark / email).