[Patentpractice] New Examiner?

[Katherine Koenig]

Hi everyone,

I'm prosecuting a US-inbound case for a mechanical product.  I've had a terrible go with the Examiner, who appears to be steered by his SPE's opinion about the case.  According to PatentBots, the Examiner has a 64% 3-year grant rate (slightly lower than his art unit) and his SPE has a 0% 3-year grant rate (slightly lower than [insert villain here]).  The client is an FA, and he and his client are both really hoping for a better chance of patentability.

My understanding is that there's no way to request a different Examiner, and even DIVs, CONs, and CIPs are likely to be assigned to the same Examiner.  The only way to get a different Examiner is to present claims that would move the application to a different art unit.  Is this correct?  I hope someone has a magic strategy that I don't know about!

Statistically, does the PTAB uphold a rejection more often than it reverses?  Any input or suggestions would be welcome, thank you!

Best regards,

Katherine

Dr. Katherine Koenig
Registered Patent Attorney
Koenig IP Works, PLLC
2208 Mariner Dr.
Fort Lauderdale, FL 33316
(954) 903-1699
katherine at koenigipworks.com<mailto:katherine at koenigipworks.com>

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