In re Clark

I agree that the decision of the board affirming the examiner’s rejection should be affirmed. However, I would affirm on the ground of collateral estoppel based on the Fifth Circuit’s holding of unpatentability in Beckman. I disagree with the majority’s affirmance of the board’s decision on the ground of failure to meet the requirements of § 251.

§ 251 ISSUE

The only “hurdle” presented by § 251 is that the patent, “through error without any deceptive intention, [be] deemed wholly or partly inoperative or invalid by reason of a defective specification or drawing, or by reason of the patentee…