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Federal Circuit Affirms Anticipation of Claims
On Oct. 19, 2015, a Federal Circuit panel of Chief Judge Prost, Judge Newman, and Judge O'Malley issued a majority opinion, authored by Chief Judge Prost, in In re Steve Morsa, Case No. 2015-1107. The majority held that certain claims of the Morsa patent application were anticipated by a prior art reference, Peter Martin Associates Press Release (PMA reference), and affirmed the USPTO Patent Trial and Appeals Board (PTAB) decision invalidating the claims at issue. Judge Newman wrote a separate opinion, dissenting.
A prior Federal Circuit panel decision (Morsa I) had affirmed the PTAB's rejection of certain claims of the Morsa patent application, but had vacated and remanded the decision to invalidate other claims as anticipated under “an incorrect enablement analysis.” Slip op. at 3. On remand the PTAB again found the claims anticipated by the PMA reference.
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Major Differences In UK, U.S. Copyright Laws
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