IN RE PACKARD

No. 2013-1204.

751 F.3d 1307 (2014)

In re Thomas G. PACKARD.

United States Court of Appeals, Federal Circuit.

May 6, 2014.


Attorney(s) appearing for the Case

Louis W. Tompros , Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, Massachusetts, argued for appellant. With him on the brief were Proshanto Mukherji and Caitlin R. Looby.

Nathan K. Kelley , Deputy General Counsel for Intellectual Property Law and Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With him on the brief were Kristi L.R. Sawert and Stacy B. Margolies , Associate Solicitors. Of counsel was William Lamarca , Attorney, United States Patent and Trademark Office, of Alexandria, Virginia.

Concurring opinion filed by Circuit Judge PLAGER.


PER CURIAM.

This case raises an important question: what standard for indefiniteness should the U.S. Patent and Trademark Office ("USPTO") apply to pre-issuance claims? The parties point to no case in which we previously have addressed this question.

The Patent Trial and Appeal Board ("Board") held Mr. Packard's applied-for patent claims indefinite, and therefore not in compliance with the statutory drafting requirements of 35 U.S.C. § 112(b), which provide...

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