Legal Opinion
In Re Lister
Court of Appeals for the Federal Circuit
Decided September 22, 2009No. 2009-1060; 08/692,201PublishedCited by 28 opinions
1Opinion of the Court
PROST, Circuit Judge.
Dr. Richard Lister appeals from a decision of the Board of Patent Appeals and Interferences (“Board”) that affirmed the examiner’s rejection of claims 21-25 of his application under 35 U.S.C. § 102(b). Because the record does not contain sufficient evidence that the prior art reference relied upon by the Board was publicly accessible more than one year prior to the date on which Dr. Lister filed his patent application, we vacate and remand.
I. BACKGROUND
Dr. Lister is a Ph.D. clinical psychologist and an avid sportsman. In his earlier days, he competed regularly in…
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