In re Swartz

232 F.3d 862 (2000)

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In re Swartz

United States Court of Appeals for the Federal Circuit
232 F.3d 862 (2000)

Facts

Mitchell Swartz (plaintiff) filed an application for a patent covering a process related to cold fusion. The patent examiner rejected the application, finding that various references showed that cold fusion results were irreproducible, and that Swartz failed to submit sufficient evidence of operability or utility as required by 35 U.S.C. § 101. Swartz appealed the examiner’s decision. The United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board) (defendant) affirmed, concluding that Swartz had not produced evidence sufficient to refute the examiner’s determination. Swartz appealed to the United States Court of Appeals for the Federal Circuit, arguing that the Board did not adequately consider the evidence and arguments Swartz had advanced.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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