United States Federal Circuit

In an appeal involving a patent application directed to a flame retardant composition that produces a flexible polyurethane foam, and the flexible foamed article made from that composition, a decision holding all of the claims in the patent application unpatentable on the ground of anticipation is reversed and remanded for completion of examination pursuant to a claim that appellant's claims explicitly stated a requirement of a "flexible polyurethane foam reaction mixture," and that such claim element was not shown in another patent's reference, thereby negating "anticipation."

Appellate Information

• Decided 09/27/2007
• Published 09/27/2007

Judges

• Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas A. Ladd, Baker & Daniels LLP, of Indianapolis, IN, argued for appellants., Shannon M. Hansen, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the director of the United States Patent and Trademark Office.   With her on the brief were John M. Whealan, Solicitor, and Heather F. Auyang, Associate Solicitor.