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Expert Analysis

What PTAB Says About Functional Claiming

Law360, New York ( February 10, 2016, 10:48 AM EST) -- In an article published yesterday — "How Structural Claim Limitations Can Save Software Patents" — I reviewed why functional claim limitations are used in cases before the Patent Trial and Appeal Board and how they can sometimes be unclear or overbroad. The article discussed how structural claim limitations may be used effectively to avoid the alleged problems created by the use of functional limitations in software patents. In this article, I look at the following decisions that have been identified by the U. S. Patent and Trademark Office as key PTAB decisions involving functional claim limitations. . . .

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