Tuesday, June 10, 2014

Federal Circuit, tired of being smacked around by Supremes, smacks Board of Appeals

I think the folks over at the Federal Circuit are getting grumpy.  In a decision released last week http://www.cafc.uscourts.gov/images/stories/opinions-orders/13-1192.Opinion.6-2-2014.1.PDF, the Court reversed a decision of the PTO Board.  That, by itself, is not unusual.  What's unusual is that they didn't reverse on the basis that the Board got the claim construction wrong.  We're used to that. Instead, the Federal Circuit reversed on the grounds that the Board's decision was not supported by substantial evidence.  That's...surprising.  Particularly as the Board's decision did seem to be supported; the Federal Circuit just disagreed with it.  

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