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In re Chapman (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

The Standard of Reviewing Obviousness Determinations from the USPTO By Kevin E. Noonan -- The Federal Circuit vacated and remanded a Board of Patent Appeals and Interferences determination that the claims in U.S. Application No. 09/719,045 were obvious on Thursday, in deciding In re Chapman. The CAFC's decision addressed not only the proper obviousness standard that the Board must apply, but also revisited the proper standard of review the Federal Circuit applies regarding factual determinations by the Office according to the Supreme Court's instructions in Dickinson v. Zurko. The Chapman application is a U.S. national phase of an International Application...

Full post as published by Patent Docs on March 01, 2010 (boomark / email).