Federal Circuit AGAIN Reverses PTAB Rejection for Conclusory Assertion that Combination was “Intuitive”

Back in August, 2016, I sent you an email about two Federal Circuit decisions (In re Warsaw and Arendi v. Apple). I’ve attached copies of those decisions to this post for your reference. I’ve also reproduced (at bottom) the text from that email for your reference. This past week, on January 3, the Federal Circuit delivered a similar decision, again reversing a PTAB (Patent Trial and Appeal Board) conclusion of obviousness, which was based on a bare (unsupported) assertion of the combination of references was “intuitive”. The decision is In re Marcel, and I have attached a highlighted copy for your reference.

The invention at issue is directed to a touchscreen interface for a portable electronic device that allows the user to rearrange icons on the display. According to…

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