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Jean-Marc Le Peuvédic wrote:

As far as I can see, the patent office isn't very aggressive when it objects to patent claims. Their attitude seems to be : we warn them, but if they want to go ahead, we grant the patent. I think that resources for processing the application of so much in favor of the applicant that the examiner cannot spend the time he would need to argue against the applicant.

Recently the Swedish PTO rejected an application by Ericsson because it was a mathematical method. Rejection was appealed and the appeal accepted by the Swedish Court of Patent Appeals (case 00-353) who said while the appelant had accepted to delete some claims, the invention now had a technical character, so the case could go back to the SePTO.

//Erik




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