In re Etter
United States Court of Appeals for the Federal Circuit
756 F.2d 852, 225 U.S.P.Q. 1 (1985)
- Written by Eric Miller, JD
Facts
Berwyn Etter held a patent on a method and device for assimilating data from utility meters. A rival inventor requested reexamination of the patent in light of prior art that was not part of the original examination. The United States Patent and Trademark Office (PTO) granted the request and invalidated the patent in light of the prior art. Etter appealed to the United States Court of Appeals for the Federal Circuit, arguing that the PTO had failed to observe the presumption of patent validity as mandated by federal statute.
Rule of Law
Issue
Holding and Reasoning (Markey, C.J.)
Concurrence (Nies, J.)
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