Thursday, September 20, 2012

"In re Best" cited in BPAI's Ex part Devries

The BPAI affirmed both anticipation and obviousness rejections in Ex parte DEVRIES .

In re Best was cited:

once the Examiner establishes that a product recited in terms of its process of making is prima facie unpatentable due to anticipation, Appellants bear the burden of proving “that the prior art products do not necessarily or inherently possess the characteristics of his claimed product.” Id. at 698 (quoting In re Fitzgerald, 619 F.2d 67, 70 (CCPA 1980); In re Best, 562 F.2d 1252, 1255 (CCPA 1977)).


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