(United States Federal Circuit) - In an appeal of a decision of the Patent Trial and Appeal Board holding all claims of a patent,which claims a method of arresting or regressing a condition known as penile fibrosis, unpatentable as obvious, and the Board's decision is vacated and remanded where: 1) the Board's obviousness determination was predicated on an erroneous claim construction of two of the limitations of claim 1; and 2) the Board did not accomplish factual findings as to whether there was an obvious reason to combine the prior art references to treat penile fibrosis and whether a person of skill in the art would have had a reasonable expectation of success from such a combination.
Source: findlaw.com