United States Federal Circuit
In re Glatt Air Techniques, Inc., 10-1141
The final decision of the Board of Patent Appeals and Interferences (Board) holding claim 5 of a patent, related to a coating apparatus known as a Wurster coater used to coat particles, such as pharmaceutical ingredients, unpatentable for obviousness under 35 U.S.C. section 103(a), is reversed as, because substantial evidence does not support the Board's finding that a prior art expressly or implicitly teaches using an air wall to shield particles from entering the initial spray pattern, the Board has not made a proper prima facie case of obviousness.
Appellate Information
- Decided 01/05/2011
- Published 01/05/2011
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Charles P. Kennedy, Raymond T. Chen