Federal Circuit: Appeals Board Should Consider Any Argument Supported by Record

, The National Law Journal


A federal appeals court has held that a party in a patent appeals board proceeding can raise arguments made to the patent examiner whether or not the appellant raised the arguments. That means a party seeking to disqualify another party's patent can bring up arguments besides those of the patent owner or those that underpinned the patent examiner's ruling. The decision was a win for Rexnord Industries, which succeeded in striking down a patent owned by Habasit Belting Inc., which had sued Rexnord for infringement.

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