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St. Onge IP wins Federal Circuit Appeal

July 20, 2021 by in Appeals

It is rare for the Federal Circuit to do anything other than affirm a rejection of a patent application on appeal from the Patent Office.  In spite of this, St. Onge IP attorneys Jonathan Winter, Stephen Zimowski and Gene Winter successfully appealed such a rejection to the Federal Circuit.  The patent application relates to an insert or plug used in high pressure applications such as sealing hydraulic manifolds.  One claim of the application describes the ability to withstand tremendous pressures of 40,000 PSI. 

The Patent Office rejected the claims, alleging they were obvious in view of a prior art reference, in spite of a clear argument concerning teaching away which was advanced at every stage of the proceeding.  The Patent Office never actually addressed that argument head on during the process.  In fact, the Patent Office solicitor was compelled to admit during questioning at oral argument that the cited prior art reference actually disparaged the key feature at issue. Therefore, the Patent Office decision was vacated with costs taxed against the Patent Office.

A copy of the Federal Circuit opinion can be found here.