In In re Antor Media Corp., No. 11-1465 (Fed. Cir. July 27, 2012), the Federal Circuit affirmed the Board's decision rejecting on reexamination claims of U.S. Patent No. 5,734,961 ("the '961 patent") as anticipated or obvious.
Antor Media Corporation ("Antor") owns the '961 patent, which relates to a method and apparatus transmitting information recorded on digital disks from a central server to subscribers via a high data rate telecommunications network. In a consolidated five-way ex parte reexamination, the PTO rejected all claims under reexamination as anticipated or obvious over four prior art references. Antor appealed to the Board, arguing that the claims were not obvious or anticipated and that two of the references were not enabled. The PTO did not present any rebuttal evidence regarding enablement. The Board found that Antor did not show that the references were...