In re Kao, No. 10-1307 (Fed. Cir. 2011)Annotate this Case
The Board of Patent Appeals and Interferences affirmed the rejection of claims related to controlled-release tablets containing the opioid narcotic oxymorphone as obvious. The Federal Circuit upheld two rejections, stating that secondary considerations did not compel a holding of nonobviousness, and vacated a third as not supported by substantial evidence.