In Re McNeil-PPC, Inc.

Opinion for the court filed by Chief Judge MICHEL. Circuit Judge DYK dissents.

MICHEL, Chief Judge.

McNeil-PPC, Inc. appeals rejections of claims as obvious. The Director of the U.S. Patent and Trademark Office (“PTO”) seeks dismissal of McNeil’s appeal as untimely. Because we determine that McNeil’s appeal is timely, we reach the merits and, because the Board of Patent Appeals and Interferences findings about the disclosures of a prior art patent application are not supported by substantial evidence, we reverse the claim rejections.

I. BACKGROUND

McNeil owns U.S. Patent No. 6,310,269, which…