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PTAB Wrongly Nixed Fruit-Drying Patent App, Fed. Circ. Says

Law360 (June 1, 2018, 6:48 PM EDT) -- The Federal Circuit on Friday tossed a ruling by the Patent Trial and Appeal Board affirming the rejection of a patent on using microwaves to dehydrate fruit and other foods, saying that the board erred in failing to consider arguments in the inventors’ reply brief.

In a 22-page precedential opinion, the panel ruled that the PTAB was wrong to have disregarded Timothy D. Durance and his fellow inventors’ arguments in a reply brief that a patent examiner’s finding that there were no structural differences between their invention and prior art was “extremely inaccurate.” The panel determined the PTAB incorrectly found that...

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Court

Appellate - Federal Circuit

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Date Filed

January 17, 2017

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