[Jewelry making - Article 00319] - Re: [Orchid] Argentium patent and patent application

[lfelcon]

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Mr. White

    What you wrote is interesting and sounds vaguely familiar. However,
    prior art and prior inventive processes are different than novel and
    obvious. I learned this just recently when my Patent Attorney
    withdrew several of my claims on a recent patent application. I also
    had the misfortune of hearing this in the Federal Court of Appeals as
    I listened to an immensely boring Patent dispute over some genetic
    engineering something or other (I was waiting for an appeal on an
    unrelated contract dispute). The only part I really understood was
    the part where the Appellate Judges thought several claims should be
    held invalid (the prior art thing). The appeal didn't specifically
    address the issue itself, but rather whether the lower court had
    acted properly in upholding the patent. Maybe, my understanding was
    incorrect as I never followed the ruling. My contract lawyer told me
    the the judges usually hate patent law because outside the patent
    system, almost know one fully understands it (She should know since
    she clerked for a Supreme Court Justice prior to her private
    practice). 

    As for my dispute, we won our appeal and were awarded litigation
    expenses from the beginning of the legal process. This turned out to
    be almost twice the cost of the actual dispute. We appealed because,
    sometimes you find yourself in so deep that what's another small
    fortune once you've already lost a couple. Thankfully we recouped the
    losses. I am told that most appeals don't prevail. 

    Anyway, this isn't jewelry related so I'll not post anymore. Just
    thought I'd respond since I wrote the last response before I saw
    yours. That's what I get for jumping the gun. I should have waited
    since just about every post I've read on the forum has been answered
    far better than I could have. 

Larry Feller
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