On March 20, 2009, the Federal Circuit has concluded in the decision Tafas v. Doll (link) that:
-Final Rule 114 (i.e. Requests for Continued Examination (RCE)),
-Final Rule 75 (i.e. Claims), and
-Final Rule 265 (i.e. Examination support documents) are consistent with the Patent Act.
The decision states however that Final Rule 78 (i.e. Continuations) violates the Patent Act.
The USPTO has indicated that the Final Rules will not be implemented at this time.
Board of Patent Appeals
2 days ago
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