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Despite PTAB 'Sweet Talk' Federal Circuit Reverses Invalidity of Deicing Patent

Author: Thomas J. Engellenner

9/03/2016

Read the full post at Post-Grant Counsel

Despite PTAB 'Sweet Talk' Federal Circuit Reverses Invalidity of Deicing Patent

The Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) invalidity decision last week that had found a patent for a molasses-based, road deicing agent obvious over earlier patents on sugar-related inventions. The Federal Circuit panel of Judges Pauline Newman, Raymond C. Clevenger and Kathleen M. O’Malley concluded that the U.S. Patent and Trademark Office (USPTO) finding of invalidity during reexamination proceedings was faulty because the USPTO had failed to set forth a prima facie case explaining why a person of ordinary skill in the art would have been motivated to combine references from disparate technological fields. In Re Natural Alternatives, LLC (Fed. Cir. No. 2015-1911, August 31, 2016).