Thursday, November 04, 2021

CAFC reverses PTAB in Strathclyde case

The outcome

University of Strathclyde appeals from a final written decision of the Patent Trial and Appeal Board holding claims 1–4 of U.S. Patent No. 9,839,706 unpatentable as obvious. Because neither the Board’s finding that the prior art disclosed all claim limitations nor its finding of a reasonable expectation of success is supported by substantial evidence, we reverse the Board’s obviousness determination.

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