IN RE STEPAN CO.

No. 2010-1261. Reexamination Nos. 90/006,824, 90/007,619.

660 F.3d 1341 (2011)

In re STEPAN COMPANY.

United States Court of Appeals, Federal Circuit.

October 5, 2011.


Attorney(s) appearing for the Case

Thomas J. Wimbiscus , McAndrews, Held & Malloy, Ltd. of Chicago, Illinois, argued for appellant. With him on the brief were George Wheeler , and Dennis H. Jaskoviak, Jr.

Mary L. Kelly , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were, Raymond T. Chen , Solicitor, and Janet A. Gongola , Associate Solicitor.

Before DYK, FRIEDMAN, and PROST, Circuit Judges.


PROST, Circuit Judge.

The principal issue here is whether the Board of Patent Appeals and Interferences ("Board"), in affirming an examiner's ruling on reexamination that a patent was invalid as obvious, relied on a new ground of rejection, i.e., a rejection that the examiner had not explicitly made. If the Board did so, the appellant was entitled either to pursue the reexamination proceeding further before the examiner...

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