Legal Opinion

In Re Suitco Surface, Inc.

Court of Appeals for the Federal Circuit

Decided April 14, 2010No. 2009-1418PublishedCited by 25 opinions

1Opinion of the Court

RADER, Circuit Judge.

The United States Patent and Trademark Office (the “PTO”) rejected certain claims of U.S. Patent No. 4,944,514 (the “'514 patent”), owned by Suitco Surface, Inc., as anticipated during a reexamination proceeding. Because the PTO’s rejection was based on an unreasonable construction, this court vacates and remands.

I

The '514 patent claims a “floor finishing material” for use on athletic courts, bowling lanes, and other “floor surfaces [made] of wood, linoleum, terrazzo, [or] concrete.” '514 patent, abstract. The invention is essentially a thin plastic sheet placed over a…

2Cases cited12 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Schriber-Schroth Co. v. Cleveland Trust Co.Supreme Court of the United States · 1940
  3. In Re Werner KotzabCourt of Appeals for the Federal Circuit · 2000
  4. Genentech, Inc. v. Chiron CorporationCourt of Appeals for the Federal Circuit · 1997
  5. In Re Baxter Travenol LabsCourt of Appeals for the Federal Circuit · 1991

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3Cited by25 opinions

  1. Microsoft Corporation v. Proxyconn, Inc.Court of Appeals for the Federal Circuit · 2015
  2. Leo Pharmaceutical Products, Ltd. v. ReaCourt of Appeals for the Federal Circuit · 2013
  3. In Re NTP, Inc.Court of Appeals for the Federal Circuit · 2011
  4. Trivascular, Inc. v. SamuelsCourt of Appeals for the Federal Circuit · 2016
  5. In Re Abbott Diabetes Care Inc.Court of Appeals for the Federal Circuit · 2012

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