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SPHERIX INCORPORATED v. MATAL

No. 2016-1790.

SPHERIX INCORPORATED, Appellant, v. JOSEPH MATAL, PERFORMING THE FUNCTIONS & DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, U.S. PATENT AND TRADEMARK OFFICE, Intervenor

United States Court of Appeals, Federal Circuit.

Decided July 25, 2017.

Attorney(s) appearing for the Case

Gregory J. Gonsalves , The Gonsalves Law Firm, Falls Church, VA, argued for appellant. Also represented by Donald Puckett , Nelson Bumgardner PC, Fort Worth, TX.

Nathan K. Kelley , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for intervenor. Also represented by Thomas W. Krause , Lore A. Unt , Amy J. Nelson .

Before MOORE, O'MALLEY, and HUGHES, Circuit Judges.

This disposition is nonprecedential.

Appellant Spherix Incorporated ("Spherix") appeals from the final written decision of the Patent Trial and Appeal Board ("the Board"), which concluded that claims 1-7 and 18 of U.S. Patent No. 5,581,599 ("the '599 patent") are obvious and therefore unpatentable under 35 U.S...

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