Article
Appeals Board Must Base Decisions On Record, Not Its Own Expertise
In an appeal of an interference decision, the U.S. Court of Appeals for the Federal Circuit reversed a decision of the Board of Patent Appeals and Interferences (the Board) of the U.S. Patent and Trademark Office (USPTO) because the Board impermissibly relied on its own expertise to reach a conclusion not supported by substantial evidence in the record.
McDermott Will & Emery
