BPAI Committed Prejudicial Error by Failing to Consider Highly Material Prior Art: Federal Circuit | Practical Law
In Randall Mfg. v. Rea, the US Court of Appeals for the Federal Circuit vacated the Board of Patent Appeals' (BPAI) reversal of the US Patent and Trademark Office's (USPTO) rejection of a number of patent claims as obvious, finding that the BPAI had failed to adequately consider prior art that was material to evaluating the level of ordinary skill and the motivation to modify the cited prior art references.