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2190 Prosecution Laches [R-1] - 2100 Patentability
2190 Prosecution Laches [R-1]
The Federal Circuit affirmed a rejection of claims in a patent application on the ground that applicant had forfeited his right to a patent under the doctrine of prosecution history laches for unreasonable and undue delay in prosecution. In re Bogese, 303 F.3d 1362, 1369, 64 USPQ2d 1448, 1453 (Fed. Cir. 2002) (Applicant "filed twelve continuation applications over an eight-year period and did not substantively advance prosecution when required and given an opportunity to do so by the PTO."). An examiner should obtain approval from the TC Director before making a rejection on the grounds of prosecution history laches.<
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