In re Skvorecz, No. 08-1221

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

Judges

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

Counsel

For Appellant: Baker & Hostetler LLP

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