ass=”alignleft size-full wp-image-1458″ title=”update” src=”http://www.patentspostgrant.com/wp-content/uploads/2010/02/update.jpg” alt=”update” width=”132″ height=”127″ />Last week we noted the potential affect of Ex Parte Tanaka internal to the USPTO. Tanaka was decided last December by the Board of Patent Appeals and Interferences (BPAI), holding that a reissue application was improper where the only defect identified in an issued patent was the failure to present additional dependent claims. The board reasoned that the mere addition of new dependent claims did not identify any defect in the issued patent.
Not surprisingly, earlier this week the issue was taken to the Federal Circuit on behalf of Koyo Seiko Co. Ltd. Stay tuned for further updates.