In Re: Surigisil, LLP et al.
Docket No. 2020-1940 (https://cafc.uscourts.gov/opinions-orders/20-1940.OPINION.10-4-2021_1843781.pdf)
MOORE, NEWMAN, O’MALLEY
October 4, 2021
Brief Summary: Board decision finding design patent claim anticipated by art tool prior art reversed (e.g., “the claim is limited to lip implants and does not cover other articles of manufacture”). Summary: Surgisil appealed USPTO Board decision affirming an examiner’s rejection of its design patent application (29/491,550) to a lip implant as anticipated by a Blick art tool “‘made of “tightly spiral-wound, soft gray paper’ and is used ‘for smoothing and blending large areas of pastel or charcoal.’” Surgisil’s “claim language recites
Continue Reading Board design patent anticipation decision reversed as prior art is to an art tool while design patent claim is “limited to lip implants”