CAFC Reverses Decision by PTAB Based on Improper Assertion of “Ordinary Creativity”

The U.S. Court of Appeals for the Federal Circuit (CAFC) again reversed a decision by the Patent Trial and Appeal Board (PTAB) of the U.S. PTO. In this matter, DSS v. Apple, the PTAB erred by relying on what it called “ordinary creativity” in its obviousness analysis, particularly because the claim limitation was not “unusually simple,” the technology was not “particularly straightforward,” and the PTAB’s conclusion lacked appropriate explanation or evidentiary support…

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