USPTO Diaper Patent Ruling Needs Changing: Fed. Circ.

Law360, New York (September 19, 2011, 3:41 PM EDT) -- The Federal Circuit on Monday vacated a U.S. Patent and Trademark Office board's rejection of an application for a patent covering a type of diaper, ruling the panel had improperly relied on a new ground of rejection.

The USPTO examiner rejected the diaper patent application as obvious and the Board of Patent Appeals and Interferences sustained the rejection, according to the opinion. The applicants petitioned for a rehearing, arguing the board had used different reasons to sustain the rejection than those used by the examiner....
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