Beyond words – Federal Circuit faults PTAB’s written description analysis

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Abstract: The Patent Trial and Appeal Board (PTAB) doesn’t always get it right. This was demonstrated once again in a case where the U.S. Court of Appeals for the Federal Circuit found that the board had improperly failed to consider some vital factors when evaluating whether a patent application contained the requisite written description of the invention. This article highlights the disagreement between the PTAB and the appellate court. In re: Global IP Holdings LLC, No. 18-1426, July 5, 2019, Fed. Cir.