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An Analysis of Kappos v. Hyatt
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
Hyatt chose to file a civil action in the district court. The U.S. Patent and Trademark Office (“PTO”) moved for summary judgment based on the findings made by the Board. In opposition, Hyatt filed a new declaration in which he identified portions of the specification that, he alleged, disclosed to a person of ordinary skill in the art the limitations that the Board said were not described and enabled.
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