WVD partner, Dr. Eugene Molinelli, was recently successful in reversing the USPTO examiner and pre-Appeal review on Appeal

Wolter Van Dyke Davis (WVD) partner and patent attorney, Dr. Eugene Molinelli, was recently successful in reversing the USPTO examiner and pre-Appeal review on Appeal before the Patent Trial and Appeal Board based on the Appeal Brief in Ex Parte Bustamante of Stanford University (2014/0045705), leading to allowance of all rejected claims. The invention is directed to determining genetic haplotype using novel bioinformatics techniques. Appellant’s arguments focused on 35 USC 101 issues against the Examiner’s art unit’s position that computer techniques involving only information in and only information out are not eligible for patent protection. Our brief was able to demonstrate, to satisfaction of the Board, specific non-mental processing steps of man-made measurements leading to a practical application.