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ARTICLE · 07 NOVEMBER 2007

Breadth Of Claim Interpretation During Examination

McDermott Will & Emery
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Addressing an issue of breadth of claim interpretation during patent examination, the U.S. Court of Appeals for the Federal Circuit reversed the decision of the Board of Patent Appeals and Interferences (the Board), holding that appellant’s application is not anticipated by a cited reference and remand for completion of examination.

United StatesIntellectual Property
Hosang Lee
Hosang Lee
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Addressing an issue of breadth of claim interpretation during patent examination, the U.S. Court of Appeals for the Federal Circuit reversed the decision of the Board of Patent Appeals and Interferences (the Board), holding that appellant’s application is not anticipated by a cited reference and remand for completion of examination. In re Buszard et al., Case No 06-1489 (Fed. Cir., Sept. 27, 2007) (Newman, J.; Prost, J., dissenting).

Buszard’s claimed invention relates to a flame retardant composition that produces a flexible polyurethane foam and the flexible foamed article made from that composition. The U.S. Patent and Trademark Office (USPTO) rejected the claims as being anticipated by prior art that disclosed a rigid foam produced by chemical reaction of compounds that form a rigid foam, and a flexible foam produced by crushing the rigid foam. Buszard appealed to the Board, which in turn affirmed the examiner’s decision.

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