Patent Board Challenges Federal Circuit To A Deuel

Law360 (July 27, 2007, 12:00 AM EDT) -- Ex parte Kubin (Appeal 2007-0819 (May 31, 2007)) is one of three recently decided precedential decisions from the Board of Patent Appeals and Interferences (Board) interpreting the Supreme Court's decision in KSR v. Teleflex (127 S. Ct. 1727 (2007)).

In Wednesday's guest column, our colleagues discussed Ex Parte Smith (Appeal 2007-1925 (June 25, 2007)) and Ex Parte Catan (Appeal 2007-0820 (July 3, 2007)) wherein the Board dealt with the obviousness of inventions in the mechanical and electrical arts, respectively.

In Kubin, the Board affirmed an examiner's...
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