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IPO Daily News™

Thursday, 12 October 2017 8:22 am

CAMPINOS TO SUCCEED BATTISTELLI AS EPO PRESIDENT IN JULY 2018

Yesterday the European Patent Office announced that its Administrative Council elected ANTÓNIO CAMPINOS President of the EPO for a five-year term to begin on 1 July 2018. He will succeed BENOÎT BATTISTELLI. Campinos is the current Executive Director of the EU Intellectual Property Office, which is responsible for registering EU trade marks and registered Community designs.

Federal Circuit Summaries Logo

* BROADEST REASONABLE INTERPRETATION LEADS TO OBVIOUSNESS FINDING

Owens Corning v. Fast Felt Corp., 16-2613 – Yesterday in an opinion by Judge TARANTO, the Federal Circuit reversed a USPTO inter partes review decision that Fast Felt’s claims were nonobvious over several prior art references. Fast Felt’s claims were for a method of automating the application of polymer “nail tabs” on “roofing or building cover material.” Owens Corning argued that the USPTO erroneously construed the term “roofing or building cover material” and that proper construction would render the claims obvious over the cited references.

The Federal Circuit agreed that, under the broadest-reasonable-interpretation standard, the Board incorrectly construed the claim to require material that was already or would eventually be coated or saturated with asphalt. Although the preferred embodiments in the patent focused on such materials, that was “not enough to narrow the claim scope in the IPR.” Using the correct construction, substantial evidence did not support the Board’s nonobviousness finding.
(1 to 4 stars rate impact of opinion on patent & trademark law)

Federal Circuit Summaries Logo

* COURT UPHOLDS USPTO CLAIM CONSTRUCTION, FINDINGS OF NO ANTICIPATION OR OBVIOUSNESS

Organik Kimya AS v. Rohm and Haas Co., 15-1983 – Yesterday in an opinion by Judge NEWMAN, the Federal Circuit upheld two USPTO inter partes review decisions that Rohm and Haas’s claims were not anticipated or obvious over several prior art references. Rohm and Haas’s patents claimed processes for preparing emulsion polymers, such as those used in paints, coatings, and inks, with improved opacity. Organik argued that the USPTO erred in too narrowly construing the term “swelling agent” as a “swelling step.” Organik said the term should require only the addition of a base regardless of whether the conditions of the resulting reaction were suitable to produce actual swelling.

The Federal Circuit said the USPTO correctly construed “swelling agent” as one that created swelling in the manner described in the specification. The cited prior art references taught only the addition of a base, and experimentation by Rohm and Haas’s expert demonstrated that no actual swelling occurred. Because Organik did not submit contrary evidence, substantial evidence supported the USPTO’s conclusion that the claims were not anticipated or obvious over the references.
(1 to 4 stars rate impact of opinion on patent & trademark law)

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