United States Federal Circuit

Under the Administrative Procedures Act substantial evidence standard of review, the Board of Patent Appeals and Interferences incorrectly denied a patent application for obviousness because it misread the prior art authorities.

Appellate Information

• Decided 08/02/2001
• Published 08/03/2001

Judges

• ARCHER, Senior Circuit Judge., Before PAULINE NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and MICHEL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Linda Moncys Isacson, Associate Solicitor, Office of the Solicitor, U.S. Patent and Trademark Office, of Arlington, VA, argued for the Commissioner of Patents and Trademarks.   With her on the brief were John M. Whealan, Solicitor, Kenneth R. Corsello and Thomas J. Finn, Associate Solicitors., John F. Sweeney, Morgan & Finnegan, L.L.P., of New York, NY, argued for Mary E. Zurko, et al.   With him on the brief were Irene Kosturakis and Russell T. Wong, Compaq Computer Corporation, of Houston, TX. Of counsel on the brief were Michael O. Cummings and Jon T. Hohenthaner, Morgan & Finnegan, L.L.P., of New York, NY;  and Ernest Gellhorn, of Washington, DC. Also of counsel were Janice M. Mueller, Assistant Law Professor, Suffolk University Law School, of Boston, MA;  Israel Blum, Steven F. Meyer and Brenda Pomerance, Morgan & Finnegan, L.L.P., of New York, NY;  and Ronald C. Hudgens, Corporate Law Department, Digital Equipment Corporation, of Maynard, MA., Bruce M. Wexler, Fitzpatrick, Cella, Harper & Scinto, of New York, NY, for amicus curiae New York Intellectual Property Law Association.   With him on the brief was Herbert F. Schwartz, Fish & Neave, of New York, NY., Charles F. Schill, Foley & Lardner, of Washington, DC, for amicus curiae Federal Circuit Bar Association.   With him on the brief were James A. Sprowl and Amy L. Wilsey.   Of counsel on the brief were Michael E. Dergosits, President, George E. Hutchinson, Executive Director, and Rudolph P. Hofmann, Jr., Chair, Amicus Committee, Federal Circuit Bar Association, of Washington, DC.