Federal Circuit Upholds PTO Appeal Board Ruling

Law360, New York (February 16, 2007, 12:00 AM EST) -- A federal appeals court has affirmed a decision by the U.S. Patent and Trademark Office in a dispute over the agency’s rejection of a patent application that failed to comply with the so-called written description requirement.

The decision by the U.S. Court of Appeals for the Federal Circuit, issued Feb. 15, was a victory for a group of inventors whose battery technology came under fire by the USPTO’s Board of Patent Appeals and Interferences.

The Appeal Board issued a decision in their favor in April 2006....
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