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ARTICLE · 29 MARCH 2018

Federal Circuit's "Only Permissible Finding" Is To Reverse PTAB

Addressing patentability, the US Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board's (PTAB's) rejection of claims as being anticipated ...

United StatesIntellectual Property

Addressing patentability, the US Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board's (PTAB's) rejection of claims as being anticipated, and vacated and remanded the obviousness determination, finding that the PTAB's anticipation determination was not supported by substantial evidence and that the obviousness determination was based on insufficiently or inappropriately explained factual findings. In re: Hodges, Case No. 17-1434 (Fed. Cir., Feb. 12, 2018) (O'Malley, J) (Lourie, J, concurring) (Wallach, J, concurring in part, dissenting in part). 

Hodges filed a patent application directed to a valve assembly for draining contaminants, condensation and other fluids that adversely affect the efficiency and function of a pressurized system. The patent claims a "valve body, wherein said valve body defines an inlet seat and a first outlet seat downstream of said inlet seat." In response to a prior art rejection, Hodges argued that while the

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