In Re Youman, No. 11-1136 (Fed. Cir. 2012)
Annotate this CaseThe invention is an electronic program schedule system for television that allows the user to access and navigate program information. A user can access a display that lists programs alphabetically and can either scroll through this list or search it by entering the first few letters of a program title. The examiner rejected original claim 1, the selection means limitation, as obvious (35 U.S.C. 103) in light of prior art. The applicants amended and added claims 2-23, arguing that they overcame prior art by the means of using keys on the control device to select characters. The 733 patent issued. Within two years, the applicants filed a reissue application, adding claims. The examiner rejected claims 24-44 under 35 U.S.C. 251 because they improperly recaptured subject matter that was surrendered in the 733 application. The Board of Patent Appeals and Interferences affirmed, finding that the reissue claim was broader than the issued claim but narrower than the original claim and that the broadening related to surrendered subject matter. It concluded that the other potentially narrowing limitations, the wireless remote, nonalphanumeric keys, and changing limitations, were not overlooked during prosecution. The Federal Circuit vacated, holding that the Board misapplied the three-step test.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.