In re: Imes, No. 14-1206 (Fed. Cir. 2015)
Annotate this CaseImes’s U.S. patent application no. 09/874,423 is directed to a device for communicating digital camera image and video information over a network. The Patent Trial and Appeal Board affirmed the examiner’s rejections of all pending claims 1-14 and 16-47 as either anticipated by or obvious over various references. The Federal Circuit reversed and remanded with respect to independent claims 1-5 and 34-47. The Board’s construction of “wireless” to include communications along metal contacts of the removable memory card and the computer system was inconsistent with the broadest reasonable interpretation in view of the specification. The Board’s conclusion that a prior patent discloses a communications module operable to wirelessly communicate streaming video to a destination was not supported by substantial evidence. Imes did not challenge the rejections of claims 6-14 and 16-33.
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