Federal Circuit Affirms: Reference In Prior Art Publication Was Enabling

Mealey's (October 19, 2015, 3:59 PM EDT) -- WASHINGTON, D.C. — In its second ruling in the case, a divided Federal Circuit U.S. Court of Appeals on Oct. 19 affirmed a holding by the Patent Trial and Appeal Board that a prior art reference was enabling (In re: Steve Morsa, No. 15-1107, Fed. Cir.).

(Decision available. Document #16-151102-004Z.)

In its first ruling in the case, issued in April 2013, the Federal Circuit affirmed the board’s rejection of numerous claims of plaintiff Steve Morsa’s utility patent application No. 60/211228. The application, titled “Method and Apparatus...
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