Common Mistakes in Petitions

In Mitchell International, Inc. v. Audatex North America, Inc., CBM2014-00171, Paper 3 CBM2014-00173, Paper 3 CBM2014-00174, Paper 3 (August 29, 2014), the Board granted the Petition a filing date but gave petitioner five days to correct defects:

  • Footnotes should be doublespaced. 37 C.F.R. § 42.6(a)(2)(iii).
  • Failure to affix exhibit labels to the lower right corner of the first page of the exhibits. 37 C.F.R. § 42.63(d)(1), (2)(ii).
  • Failure to sequentially number each page of the exhibits.  37 C.F.R. § 42.63(d)(2)(i).


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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.