Slashdot Mirror
USPTO Rejects SBC Browser Patent
theodp writes "Remember that dicey 1996 SBC Structured Document Browser patent that Slashdot readers immediately called BS on back in 2003? Two-and-a-half years later, a USPTO Director-ordered reexam reached the same conclusion, and a final rejection was quietly issued last month."
Reviewed by Sanjiv D. Shah...it looks like s/he knows what s/he is doing.
But when are Penn and Teller going to review the USPO? There's probably enough material there to keep them going for a whole series.
It's true that lots can happen from this point on....the owner can file a response after final rejection (it just can't be entered/considered as a matter of right as a response to a non-final rejection can), or the owner can appeal to the Board or can file a continuation (now that I think of it these might not be possible for a reexam, but I'm too lazy to research this).
More particularly the claims were rejected under 35 USC 102(e) over another patent, 5,877,765, which someone else in this discussion has pointed out is assigned to Microsoft. As far the arguments made by the owner in this case, they tried to "swear behind" ("Rule 131" affidavit) the filing date of the Microsoft patent (establish conception with diligence up to the filing date of SBC's application) but the examiner rejected the affidavit as lacking sufficient proof of conception. It's possible that the owner could get better evidence and overcome this rejection or get the Board (on appeal) to reverse, since there is(are) no back up rejection(s) here.
In any event it would be interesting to look into what the Microsoft patent was claiming; if they claim the same invention, then the 131 affidavit would not come into play, but an interference would be declared, and a battle between SBC and Microsoft would begin, dragging the whole mess out a few more years.
... is that the patent office page linked to would itself seem to be in violation of this patent!
In the wake of the Apple and Intel cooperation and now the USPTO actually denying/rescinding/rejecting a patent, I think it's clear that slashdot needs a new logo. Something representing hell freezing over, or perhaps pigs flying...