In re: Brandt

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The Patent Trial and Appeal Board affirmed an examiner’s obviousness rejection of patent application claims related to “high density polyurethane or polyisocyanurate construction boards, as well as their use in flat or low-slope roofing systems.” The Federal Circuit affirmed; substantial evidence supports the Board’s factual findings and the Board did not err in its conclusion of obviousness, 35 U.S.C. 103(a). The Board did not apply a per se rule but grounded a prima facie obviousness conclusion on the facts before it and specifically agreed with the examiner’s factual finding that the difference between the claimed range of density and prior art range was “virtually negligible.” The applicants failed to support a “teaching away" argument that there is some criticality to having a coverboard density of greater than 6 pounds per cubic foot. View "In re: Brandt" on Justia Law