Federal Circuit to PTAB – No 102 Gap Filling, <i>PTAB Litigation Blog</i>

Federal Circuit to PTAB – No 102 Gap Filling, PTAB Litigation Blog

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In a precedential opinion dated March 14, 2017, the Federal Circuit reversed the PTAB, holding that in finding a claim anticipated under 35 USC § 102, the Board cannot “fill in missing limitations” simply because a skilled artisan would immediately envision them from the prior art. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor (Fed. Cir. March 14, 2017) – on appeal from IPR2014-01122.

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