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ARTICLE · 01 MARCH 2013

Board Erred In Refusing To Consider Alternative Grounds That Were Fully Raised Before The Examiner During Reexamination

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In Rexnord Industries, LLC v. Kappos, No. 11-1434, the Federal Circuit affirmed the Board's determination of no anticipation but reversed the Board's determination of nonobviousness in the inter partes reexamination of U.S. Patent No. 6,523,680.

United StatesIntellectual Property
Mukta Jhalani
Mukta Jhalani
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In Rexnord Industries, LLC v. Kappos, No. 11-1434 (Fed. Cir. Jan. 23, 2013), the Federal Circuit affirmed the Board's determination of no anticipation but reversed the Board's determination of nonobviousness in the inter partes reexamination of U.S. Patent No. 6,523,680 ("the '680 patent").  The '680 patent is directed to a mechanical conveyor belt that is formed of rows of belt modules interlinked by transverse rods.  The spaces between the belt modules are blocked by plastic webs to prevent the spaces from pinching small items such as a finger, and are specifically recited as being less than 10 mm in diameter.  The figure below shows the belt formed by the interlinked modules, with the "less than 10 mm" space marked as "Example Space":

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