Friday, June 13, 2014

Appeal of PTAB decision fails in In re Wirth

The non-precedential case In re Wirth, an appeal of a PTAB decision, illustrates two basic points
about appealing a Board decision

1. To prevail in an appeal of a PTAB decision to the CAFC, the appellant must prevail on ALL rejections presented by PTAB. See footnote 5 of the CAFC decision.

2. The CAFC need not agree with all grounds for rejection of a claim; agreement on one is sufficient. See text:

While we question the expansiveness of the Board’s claim
construction and disagree with the Board’s application of
the printed matter doctrine here, we nevertheless
affirm the Board’s judgment of invalidity

Oral argument was cited:

Oral Argument Tr. 9:00-29,
available at



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