Lawyer Commentary Mondaq United States Anticipatory Nonpatent Publications Are Presumed Enabled

Anticipatory Nonpatent Publications Are Presumed Enabled

Document Cited Authorities (2) Cited in Related

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...

Experience vLex's unparalleled legal AI

Access millions of documents and let Vincent AI power your research, drafting, and document analysis — all in one platform.

Start a free trial

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex