Legal Opinion
In Re Werner Kotzab
Court of Appeals for the Federal Circuit
Decided June 30, 2000No. 99-1231; (Reexamination 90/004,441)PublishedCited by 90 opinions
1Opinion of the Court
LINN, Circuit Judge.
DECISION
Werner Kotzab appeals from the final decision of the Board of Patent Appeals and Interferences (“Board”) holding claims 1-10 in reexamination number 90/004,441 unpatentable for obviousness under 35 U.S.C. § 103(a). See Ex Parte Kotzab, Paper No. 17 (BPAI July 15, 1998). This case was submitted for our decision following oral argument on April 4, 2000. Because certain of the Board’s key factual findings relating to its obviousness analysis are not supported by substantial evidence, and because the Board erred in concluding that the claims would have been obvious as…
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