PTO Cannot Raise and Decide Unpatentability Theories Never Presented by the Petitioner

In In re Magnum Tools International, Ltd., [2015-1300] (July 25, 2016) the Federal Circuit reverse the PTAB’s determination that the challenged claims U.S. Patent No. 8,079,413 were invalid for obviousness. The Federal Circuit examined burden of proof, which encompasses both a burden of … Continue reading PTO Cannot Raise and Decide Unpatentability Theories Never Presented by the Petitioner