USPTO dumbs down even further?

The IPKat doesn't often comment on goings-on across the pond, as others are usually able to do it much better, but this little story from Greg Aharonian's Patnews email earlier today amused and astonished him so much he thought it would be worth forwarding to the IPKat's readers too.

(right: how USPTO examiners look to the rest of the world)

A few weeks ago, Nokia's US representative received an Office Action on one of their patent applications, titled "Multiple antenna portable handheld electronic device", application number 10/982,469, published as 2006/0099993, filed in November 2004. So far, so normal.

The patent examiner (a primary examiner, not a newbie), obviously under the impression that he had uncovered a killer piece of prior art, cited this published US application against most of the claims, finding that these claims were not novel. The remaining claims were, the examiner alleged, not inventive over the same document.

Alert IPKat readers might notice the little flaw in the US examiner's argument.

While he has the IPKat's readers' attention, Greg would also like to point out that a transcript of the in re Bilski hearing before the CAFC is available here.