In re: Morsa, No. 15-1107 (Fed. Cir. 2015)
Annotate this CaseIn 2013 the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of claims 181, 184, 188-203, 206, 210-25, 228, 232-47, 250, and 254-68 of utility patent application No. 60/211228, as obvious in light of the prior art. The court vacated and remanded as to the Board’s determination that claims 2712 and 272 were anticipated because the Board performed an incorrect enablement analysis.. On remand, the Board looked to Morsa’s specification to determine what a person of ordinary skill in this particular field of art would know and found that the specification showed that only “ordinary” computer programming skills were needed to make and use the claimed invention; the Board determined that the anticipating reference, PMA, was enabled. The Board determined that the PMA disclosure combined with what a skilled computer artisan would know rendered the PMA reference enabling and therefore anticipatory of claims 271 and 272. The Federal Circuit affirmed.
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