Legal Opinion
In Re: Durance
Court of Appeals for the Federal Circuit
Decided June 1, 2018No. 2017-1486PublishedCited by 13 opinions
1Opinion of the Court
Reyna, Circuit Judge.
*992 Timothy D. Durance, Jun Fu, and Parastoo Yaghmaee appeal from a decision by the Patent Trial and Appeal Board affirming an examiner's obviousness rejection of their patent application claims related to a microwave vacuum-drying apparatus and method. Because the Board failed to consider arguments in applicants' reply brief that were properly made in response to the examiner's answer, we vacate the Board's determination of obviousness and remand for the Board to consider applicants' reply-brief arguments in the first instance.
BACKGROUND
A. The '989 Application
On April 14,…
2Cases cited7 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Dickinson v. ZurkoSupreme Court of the United States · 1999
- In Re Robert J. Gartside and Richard C. NortonCourt of Appeals for the Federal Circuit · 2000
- In Re Raymond G. BondCourt of Appeals for the Federal Circuit · 1990
- Eli Lilly & Co. v. Board of Regents of the University of WashingtonCourt of Appeals for the Federal Circuit · 2003
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