Nobel Biocare Services AG v. Instradent USA, Inc.

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Nobel’s 977 patent, directed to dental implants, explains that a “feature of the invention” is that “the coronally tapered aspect [of the implant] is designed to allow elastic expansion of the bone while inserting the wider area of the coronally tapered aspect inside the bone and after insertion of the narrow area of the coronally tapered aspect the bone relapses to cover the coronally tapered aspect.” “In another preferred embodiment ... the coronally tapered region 85 is placed inside the bone so the bone can grow above this region. The tapered region 90 is below the bone level 91. The height of the coronally tapered region 85 is 0.5–4 mm. Preferably the height is 1–3 mm and for most cases 1.3–2.5 mm depending on the diameter of the implant.” The Federal Circuit affirmed the decision of the Patent Trial and Appeal Board, on inter partes review, that six claims were unpatentable based on anticipation. Substantial evidence supports the Board’s finding that a catalog reference was a “printed publication” publicly accessible prior to the critical date. The Board correctly construed the language “having a frustoconical shape” as not serving as an adjective that modifies “coronal region.” View "Nobel Biocare Services AG v. Instradent USA, Inc." on Justia Law