Monday, December 04, 2017

Microsoft v. Parallel Networks: anticipation and obviousness determinations vacated

Microsoft and IBM appealed the Board’s decisions, arguing
that the Board erred in construing the claim term
“request” and in rejecting the arguments for unpatentability.

On the construction point, Microsoft and IBM lost. But the decision of the Board
on anticipation and obviousness was vacated.

A problem was that the Board failed to address an argument, and the CAFC
found this to be error.

In re Antor, 689 F.3d 1282, was cited for presumed enablement of prior art publications.
The obviousness finding was rejected for insufficient explanation.


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