Legal Opinion
In Re Leithem
Court of Appeals for the Federal Circuit
Decided September 19, 2011No. 2011-1030; Serial 09/863,585PublishedCited by 18 opinions
1Opinion of the Court
LINN, Circuit Judge.
Phyllis Leithem et al. (collectively, “Leithem”) appeal the decision of the Board of Patent Appeals and Interferences (“Board”) sustaining the unpatentability of the sole pending claim of U.S. Patent Application No. 09/863,585 (filed May 16, 2001) (“the '585 Application”) for obviousness. Ex parte Leithem, No.2008-0222, 2008 WL 4105790 (B.P.A.I. Sept. 4, 2008) (“Decision ”), reconsideration denied, (B.P.A.I. July 15, 2010) (“Reconsidera tion”). Because the Board, in affirming the examiner’s rejection, relied on a new ground of rejection, this court vacates and remands.
I.…
2Cases cited8 opinions
- Dickinson v. ZurkoSupreme Court of the United States · 1999
- 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 Sujeet KumarCourt of Appeals for the Federal Circuit · 2005
- In re KronigCourt of Customs and Patent Appeals · 1976
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3Cited by18 opinions
- Rambus Inc. v. ReaCourt of Appeals for the Federal Circuit · 2013
- Genzyme Therapeutic Products Ltd. Partnership v. Biomarin Pharmaceutical Inc.Court of Appeals for the Federal Circuit · 2016
- In Re: Nuvasive, Inc.Court of Appeals for the Federal Circuit · 2016
- Knowles Electronics LLC v. IancuCourt of Appeals for the Federal Circuit · 2018
- Inre: BiedermannCourt of Appeals for the Federal Circuit · 2013
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