Monday, July 28, 2008

Judge Ward of ED Texas authors CAFC opinion

T. John Ward, of ED Texas and sitting by designation, wrote the nonprecedential opinion in In re Stauffer.

Although involving obviousness, and motivation to combine, the opinion relies on Dystar, 464 F.3d 1356, and not KSR. Substantial evidence comes up, and In re Jolley, 308 F.3d 1317, is cited.

The patent applicants lost at the Board and lost at the CAFC.

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