Patent Board Priority Determination Disputed In Appeal To Federal Circuit

Mealey's (November 17, 2017, 12:38 PM EST) -- WASHINGTON, D.C. — A decision by the Patent Trial and Appeal Board that granted priority was “logically inconsistent” with other findings by the board that the reference that triggered priority was not anticipatory of an interfering patent, the party asserting anticipation recently told the Federal Circuit U.S. Court of Appeals (Otonomy Inc. v. Auris Medical AG, Nos. 17-1850, -1880, Fed. Cir.)....