[Patentpractice] [External Sender]Examiners Who Refuse to Allow Cases

[Roger Browdy]

I have received an examiner report on a certain examiner that has forced us into over 8 years of prosecution over many applications and refuses to allow anything, despite the product having achieved orphan drug acceptance (i.e., an important invention).  The report shows that she allows 9.2% of her cases, compared to 40% allowance rate for her art unit.  She is one of those examiners who consider that it is their job to refuse patents rather than to help an applicant to obtain a valid patent, which is the examiner's true job (at least according to John Doll when he was a Group Director).  Anyway, my question is whether I should bring up this fact in my Request for Pre-Brief Conference and/or in my Appeal Brief.  Pros and cons?

Roger L. Browdy
Partner 
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FisherBroyles, LLP
direct: +1 202-277-5198
roger.browdy at fisherbroyles.com
www.fisherbroyles.com
  
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