In re Hays (Fed. Cir. 2006) (Nonprecedential)
New Circuit Court Judge Kimberly Moore’s first opinion is likely to be predictive of her future work — short, focused, and to-the-point.
This case involves a pretty neat invention of a tissue holder for an automobile visor. The BPAI had rejected the claims as anticipated, but the PTO later conceded that the cited reference (relating to a golf-tee holder that clips to a lapel) was not anticipatory.
The PTO is fully expected to present a new grounds of rejection. In all likelihood, the patent will never issue because another round of appeal would be prohibitively expensive for this type of invention.
Vacated and Remanded.
- This does not really count as Judge Moore’s first opinion because it is a non-precedential opinion. In a few weeks, we’ll get the real one.