In Re: SurgiSil, LLP, No. 20-1940 (Fed. Cir. 2021)Annotate this Case
The Federal Circuit reversed the Patent Trial and Appeal Board's decision affirming an examiner's rejection of SurgiSil's design patent application, No. 29/491,550, concluding that the Board erred in holding that the claimed design is not limited to the particular article of manufacture identified in the claim. In this case, the '550 application claims an ornamental design for a lip implant. The examiner rejected the sole claim of the '550 application as anticipated by a Dick Blick catalog, which discloses an art tool called a stump.
The court explained that the claim is limited to lip implants and does not cover other articles of manufacture. In this case, there is no dispute that Blick discloses an art tool rather than a lip implant and the Board's anticipation finding rests on an erroneous interpretation of the claim's scope. The court considered the cases cited by the Director, and concluded that they do not support the Director's position.