USPTO Order Convening Appeals Review Panel for Ex Parte Desjardins
Summary
The USPTO Appeals Review Panel has convened an Appeals Review Panel (ARP) for ex parte appeal 2024-000567 concerning application 16/319,040. The panel granted sua sponte rehearing to review the Board's Decision on Appeal and Request for Rehearing, specifically focusing on the rejection of claims under 35 U.S.C. § 101.
What changed
The United States Patent and Trademark Office (USPTO) has issued an order convening an Appeals Review Panel (ARP) for ex parte appeal 2024-000567, related to application 16/319,040. The ARP has granted sua sponte rehearing to review the Board's prior decisions, focusing on a new ground of rejection of claims 1-6 and 8-20 under 35 U.S.C. § 101. This action indicates a potential shift or re-evaluation of patentability standards concerning this application.
The ARP will proceed based on the existing record, with no further briefing authorized at this time. A decision on rehearing is expected within 60 days of the order date, absent good cause. This means the parties involved in appeal 2024-000567 should prepare for a potentially revised outcome regarding the patent claims, with a decision anticipated by early October 2025.
What to do next
- Monitor for the ARP's decision on rehearing within 60 days of August 8, 2025.
Source document (simplified)
UNITED STATES PATENT AND TRADEMARK OFFICE —————— BEFORE THE APPEALS REVIEW PANEL OF THE PATENT TRIAL AND APPEAL BOARD —————— Ex parte GUILLAUME DESJARDINS, RAZVAN PASCANU, RAIA THAIS HADSELL, JAMES KIRKPATRICK, JOEL WILLIAM VENESS, and NEIL CHARLES RABINOWITZ —————— Appeal 2024-000567 Application 16/319,040 Technology Center 2100 —————— Before MICHELLE N. ANKENBRAND, Senior Lead Administrative Patent Judge, VALENCIA MARTIN WALLACE, Acting Commissioner for Patents, and MICHAEL W. KIM, Vice Chief Administrative Patent Judge. ANKENBRAND, Senior Lead Administrative Patent Judge. ORDER CONVENING APPEALS REVIEW PANEL AND GRANTING SUA SPONTE REHEARING Coke Morgan Stewart, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office, is recused and took no part in this matter. The Acting Director has delegated her authority in a Notice of Delegation to Michelle N. Ankenbrand for matters concerning the Patent Trial and Appeal Board including the Appeals Review Panel. See https://www-cms.uspto.gov /sites/default/files/documents/delegation-of-authority-ptab.pdf.
Appeal 2024-000567 Application 16/319,040 An Appeals Review Panel (“ARP”) is convened in this ex parte appeal and the Board members identified on this Order will serve as the ARP for this case. The panel has determined to grant rehearing sua sponte to review the Board’s Decision on Appeal and Decision on Request for Rehearing in the above-captioned case. The ARP review will focus on the Board’s new ground of rejection of claims 1–6 and 8–20 under 35 U.S.C. § 101. The ARP will conduct the rehearing based on the current record and no further briefing is authorized at this time. Absent good cause, the ARP will issue a decision on rehearing within 60 days of this Order.
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