United States Federal Circuit

In an action challenging the Board of Patent Appeals and Interferences decision upholding an examiner’s ruling on reexamination that a patent was invalid as obvious, judgment is reversed where the Board relied on a new ground of rejection such that the appellant was entitled either to pursue the reexamination proceeding further before the examiner, or to seek reconsideration from the Board.

Appellate Information

• Decided 10/05/2011
• Published 10/05/2011

Judges

• PROST

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• THOMAS J. WIMBISCUS, MARY L. KELLY