The CAFC affirmed a ruling by the PTAB that found DexCom's patent claims for implantable glucose sensors unpatentable as obvious. The court explained that Abbott's inter partes review demonstrated that a person skilled in the art would interpret the Feldman application as teaching methods similar to those in DexCom's claims. The PTAB agreed with Abbott's expert who argued that the figures in Feldman indicated a layered structure that was an obvious solution. DexCom's argument that the Patent Board overlooked other arrangements was rejected by the CAFC as a misreading of the evidence.
"Consistent with [the KSR] standard, the Board focused its inquiry on what Feldman would teach or suggest to a person of ordinary skill in the art, rather than limiting itself to what Feldman literally says or shows."
"Abbott's expert argued a person skilled in the art would have understood from the figures in Feldman that stacked layers with 'non-conductive layers between the electrode layers to prevent a short circuit between the electrodes' as outlined in the challenged claims of DexCom's patent were an obvious solution."
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