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ARTICLE · 06 JANUARY 2020

Travel Trailer Pulls Patent Around Prior Art

McDermott Will & Emery
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Turning to the definition of "travel trailer," the Court found that the applicant's extrinsic evidence supported a finding that "‘travel trailer' is a specific type of recreational vehicle that includes a living quarters."

United StatesIntellectual Property
Gilbert Smolenski
Gilbert Smolenski
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In an appeal stemming from the denial of a patent application under § 102(b), the US Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) by holding that the claims' preambles were claim limitations that overcame anticipation over the cited prior art. In re: Fought, Case No. 19-1127 (Fed. Cir. Nov. 4, 2019 (Newman, J).

The patent application at issue contained two claims, each of which recited the same preamble: "A travel trailer having . . . ." The examiner rejected each claim under (pre-America Invents Act) § 102(b). A first reference, cited by the examiner to reject claim 1, described a conventional truck trailer such as a refrigerated trailer. The second reference cited by the examiner to reject claim 2 described a bulkhead for shipping compartments.

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