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An Analysis of Kappos v. Hyatt

By John M. Cone and Megan M. O'Laughlin
June 28, 2012

Gilbert Hyatt appealed the Patent and Trademark Office's rejection of all 117 claims of his patent application titled “Improved Memory Architecture Having a Multiple Buffer Output Arrangement” to the Board of Patent Appeals and Interferences (“Board”) under ' 134(a). The Board allowed 38 of the claims, but denied the remaining 79 for lack of written description and enablement. Kappos v. Hyatt, 132 S. Ct. 1690, 1695 (2012). At that stage, Hyatt had two routes to obtain review of the Board's decision: an appeal under 35 U.S.C. ' 141 to the Federal Circuit Court of Appeals, or a civil action under ' 145 in the U.S. District Court for the District of Columbia.

A Civil Action

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