Prolitec, Inc. v. Scentair Techs., Inc., No. 15-1020 (Fed. Cir. 2015)
Annotate this CaseProlitec, Inc. owned U.S. Patent No. 7,712,268 (“‘683 patent”). The ‘683 patent had only two apparatus claims. The United States Patent and trademark Office, Patent Trial and Appeal Board found that the two claims were unpatentable as anticipated and additionally as obvious. The Board also denied Prolitec’s motion to amend. Proletic appealed, and the Director of the United States Patent and Trademark Office intervened for the limited purpose of addressing the Board’s regulations and practices regarding motions to amend. The Federal Circuit affirmed the Board’s findings that the two claims in the ‘683 patent were anticipated and the Board’s denial of Prolitec’s motion to amend, holding that the Board’s ultimate claim constructions were not in error and that the Board’s finding that both claims in the ’683 patent were anticipated was supported by substantial evidence.
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