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Patent application rule struck down by appeals court

Executive Summary

The Federal Circuit appeals court found that the Patent and Trademark Office's rule limiting the number of continuation applications a patent applicant may file conflicts with current law and is thus invalid. But it found that three other PTO rules limiting requests for continued examination and requiring an examination support document for certain filings are within the scope of PTO's rulemaking authority. Inventor Triantafyllos Tafas and GlaxoSmithKline challenged the rules in separate lawsuits, and they had won on all four rules in the district court (1"The Pink Sheet" DAILY, April 1, 2008). The district court must now reconsider the other rules in more detail

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