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Board's determination of priority, while "very close call," supported by substantial evidence

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Federal Circuit affirmed a decision of the Board of Patent Appeals and Interferences awarding priority of invention to the senior party in an interference proceeding.  The Board held there was sufficient corroborating evidence of an inventor's testimony that the senior party appreciated its reduction to practice worked and met the key limitation of the interference count. 

The Federal Circuit affirmed.  On appeal, the junior party only challenged the Board's interpretation of the corroborating evidence and not the underlying conclusion of corroboration based on that evidence.  While the court held it was "a very close call," based on the deferential substantial evidence standard of review, the court affirmed the Board's decision.

More detail regarding Henkel Corp. v. Procter & Gamble Co. after the jump.

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Full post as published by FileWrapper on April 08, 2009 (boomark / email).