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ARTICLE · 30 OCTOBER 2019

Board Misreads Features Of The Claims, Fails To Appreciate A Technical Solution To A Technical Problem

In SIPCO, LLC v. Emerson Electric Co., the Federal Circuit reversed the PTAB's construction of "low-power transceiver" and its finding that U.S. Patent No. 8,908,842 does not satisfy the second part of §42.301(b) ...

United StatesIntellectual Property

In SIPCO, LLC v. Emerson Electric Co., [2018-1635] (September 25, 2019), the Federal Circuit reversed the PTAB's construction of "low-power transceiver" and its finding that U.S. Patent No. 8,908,842 does not satisfy the second part of §42.301(b) defining "technological invention." Because the Board did not address the applicability of the first part of § 42.301(b), the Federal Circuit vacated and remanded.

The Board found that the term "low-power" as used in the claims did not necessarily require that the device transmit and receive signals only within a "limited transmission range." The Federal Circuit reversed, construing "low-power" to mean "a device that transmits and receives signals at a power level corresponding to limited transmission range."

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