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IN RE GLATT AIR TECHNIQUES, INC.

No. 2010-1141. Reexamination No. 90/008,482.

630 F.3d 1026 (2011)

In re GLATT AIR TECHNIQUES, INC.

United States Court of Appeals, Federal Circuit.

January 5, 2011.

Attorney(s) appearing for the Case

Charles P. Kennedy , Lerner, David, Littenberg, Krumholz & Mentlik, LLP, of Westfield, NJ, argued for appellant. With him on the brief were Marcus J. Millet and Roy H. Wepner .

Raymond T. Chen , Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Frances M. Lynch and William Lamarca , Associate Solicitors. Of counsel was Robert J. McManus , Associate Solicitor.

Before NEWMAN, PROST, and MOORE, Circuit Judges.

PROST, Circuit Judge.

Glatt Air Techniques, Inc. ("Glatt") appeals from the final decision of the Board of Patent Appeals and Interferences ("Board") holding claim 5 in reexamination number 90/008,482 unpatentable for obviousness under 35 U.S.C. § 103(a). See Ex parte Glatt Air Techniques, Inc., No.2009-012215, 2009 WL 3151084 (B.P.A.I. Sept. 29, 2009) ("Decision"). Because some of the Board's key factual findings relating to its obviousness analysis...

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