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In re Skvorecz, No. 08-1221

By FindLaw Staff on September 03, 2009 | Last updated on March 21, 2019

Decision of the PTO and the Board of Patent Appeals and Interferences (Board) rejecting claims in petitioner's application to reissue a patent, involving a device for maintaining hot food, is reversed and remanded where: 1) anticipation cannot be found, as a matter of law, if any claimed element or limitation is not present in the reference; 2) Board was incorrect in holding that a claim was indefinite and a written description requirement was not met as such conclusion was unsupported by substantial evidence. 

Read In re Skvorecz, No. 08-1221

 Appellate Information

Appeal from:  United States Patent and Trademark Office, Board of Patent Appeals and Interferences

Decided September 3, 2009


Before Newman, Friedman, and Mayer, CIrcuit Judges. 
Opinion by Newman, Circuit Judge.   


For Appellant: Baker & Hostetler LLP

For Appellees: William LaMarca, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office. 

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