Standard For USPTO Claim Reviews Unclear, Fed. Circ. Says

Law360, New York (October 23, 2012, 10:03 PM EDT) -- The Federal Circuit on Tuesday affirmed the re-examination rejection of a Flo Healthcare Solutions LLC computer workstation patent, but the case left the panel majority calling for an en banc review to clear up the uncertainty surrounding the proper standard of review for claim construction rulings by the U.S. Patent and Trademark Office.

The three-judge panel was unanimous in affirming the ruling by the USPTO's Board of Patent Appeals and Interferences that Flo Healthcare's patent should be rejected in view of prior art. Although the board...
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