Saturday, July 20, 2013

Appellant loses in In re Adler

The bottom line of the CAFC decision in In re Adler:

Because the Board did not err in rejecting the pending claims as obvious and did not rely on new grounds for rejection, we affirm.

Of the "substantial evidence" standard: A finding is supported by substantial evidence if a reasonable mind might accept it as adequate to support the finding. Consol. Edison Co. v. Nat’l Labor Relations Bd., 305 U.S. 197, 229 (1938).

Of the issue of "new ground of rejection":

While the Board’s explanation may go into more detail than the examiner’s, that does not amount to a new ground of rejection. See In re Jung, 637 F.3d 1356, 1365 (Fed. Cir. 2011).


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