United States Federal Circuit
Prolitec, Inc. v. ScentAir Technologies, Inc., 2015-1020
In an appeal arising out of inter partes review of a patent that relates to a cartridge for use with "diffusion devices," commonly known as air freshener dispensers, the Patent Trial and Appeal Board's conclusion, that both of the claims in the ’683 patent were unpatentable as anticipated under 35 U.S.C. section 102 alone and additionally as obvious under section 103, is affirmed where: 1) the Board correctly found that the two claims in the patent were anticipated by Benalikhoudja; and 2) the PTO's approach is a reasonable one at least in a case, like this one, in which the Board's denial of the motion to amend rested on a merits assessment of the entire record developed on the motion, not just on the initial motion itself.
Appellate Information
- Published 2015/12/04
Judges
- PROST
Court
- United States Federal Circuit