The CAFC vacated and remanded a PTAB decision regarding Kerry Group's U.S. Patent No. 11,071,304 on meat curing processes. The CAFC found that the PTAB's final ruling was ambiguous about whether it relied on any new theories of obviousness not previously introduced. The court highlighted the lack of substantial evidence for the PTAB's acceptance of the petitioner's arguments, particularly surrounding the use of prior art references Voorde and Hara. The CAFC instructed the PTAB to clarify its reasoning upon reconsideration.
The Board must 'hold FFP to the obviousness theory articulated in ground one' on remand.
The CAFC emphasized that the PTAB's reliance on a new obviousness theory was unwarranted.
Kerry Group Services International appealed the PTAB's decision on its U.S. Patent No. 11,071,304, focusing on the clarity of how prior art was interpreted.
The CAFC found the PTAB's explanation lacking substantial evidence, particularly around the relationship between the references Voorde and Hara.
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