Rule 132 Declarations and Unexpected Results. Richard E. Schafer Administrative Patent Judge Board of Patent Appeals and Interferences. Starting Point You are faced with a prima facie case of obviousness.
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Richard E. Schafer
Administrative Patent Judge
Board of Patent Appeals and Interferences
Kingsland v. Dorsey, 338 U.S. 318, 319-20 (1949)
(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.