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ARTICLE · 04 JANUARY 2017

Federal Circuit: Obviousness Requires A Clear And Explicit Explanation

Fox Rothschild LLP
Fox Rothschild LLP
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The Federal Circuit recently vacated a Patent Trial and Appeals Board (PTAB) decision that found obvious several claims of a patent application relating to methods for re-configuring icons...

United StatesIntellectual Property
James Singer
James Singer
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The Federal Circuit recently vacated a Patent Trial and Appeals Board (PTAB) decision that found obvious several claims of a patent application relating to methods for re-configuring icons on a touch-sensitive display. In In re Van Os (Fed. Cir. Jan. 3, 2017), the court's decision focused on the PTAB's failure to provide sufficient reasoning for the rejection, rather than the question of whether or not the claims were in fact obvious.

The claims related to a user interface for a touch-sensitive display that would enter a "reconfiguration mode" after it detected a sequence of two touches that had different durations in particular locations of the display. The Examiner and the Board both found the claims to be obvious in view of two prior art patents.

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