United States Federal Circuit

In the context of a contested case, it is impermissible for the Board of Patent Appeals and Interferences to base its factual findings on its expertise, rather than on evidence in the record, although the Board's expertise appropriately plays a role in interpreting record evidence. In an interference action involving an invention relating to methods of cutting veneer from logs of wood, a judgment for appellees on the issue of priority is reversed where: 1) the Board impermissibly relied on its own expertise in determining the question of derivation; and 2) the Board's conclusion was not supported by substantial record evidence.

Appellate Information

• Decided 05/14/2007
• Published 05/14/2007

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, ARCHER, Senior Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Meredith Martin Addy, Brinks Hofer Gilson & Lione, of Chicago, IL, argued for appellants.   With him on the brief was Raymond W. Green.


• For Appellees:
  
• Clifford W. Browning, Krieg Devault LLP, of Indianapolis, IN, argued for appellees.