United States Federal Circuit

The decision of the Board of Patent Appeals and Interferences affirming the Patent and Trademark Office examiner's rejection of claims 1-5 and 7-19 related to a computer security device and method for preventing unauthorized individuals from gaining access to a local computer network, as obvious, is affirmed, where: 1) the Board properly treated the NetStalker Manual as publically-available prior art; 2) substantial evidence supports the Board's conclusion that, in combination, two pieces of prior art disclosed all of the elements of the patent at issue; and 3) the patent claimant has failed to demonstrate the requisite attorney diligence under Rule 131, and, therefore, the patent does not predate the publication date of the Manual.

Appellate Information

• Decided 01/13/2014
• Published 01/13/2014

Judges

• DYK

Court

• United States Federal Circuit

Counsel