{"id":1299,"date":"2016-11-08T15:52:27","date_gmt":"2016-11-08T20:52:27","guid":{"rendered":"https:\/\/patents.harnessip.com\/?p=1299"},"modified":"2016-11-11T09:32:46","modified_gmt":"2016-11-11T14:32:46","slug":"federal-circuit-gives-the-board-a-lesson-on-hearsay","status":"publish","type":"post","link":"https:\/\/patents.harnessip.com\/?p=1299","title":{"rendered":"Federal Circuit Gives the Board a Lesson on Hearsay"},"content":{"rendered":"<p>In <em>REG Synthetic Fuels, LLC v. Neste Oil Oyj<\/em>, [2015-1773] (November 8, 2016), the Federal Circuit\u00a0affirmed-in-part, reversed-in-part, vacated-in-part, and\u00a0remanded the PTAB&#8217;s unpatentability determinations or claims U.S. Patent No. 8,231,804 directed to paraffin compositions<br \/>\ncontaining primarily even-carbon-number paraffins, and the Board&#8217;s exclusion\u00a0of certain REG exhibits.<\/p>\n<p>REG complained that the allegedly anticipatory reference\u00a0discloses area percentages rather than the claimed weight\u00a0percentages, and petitioners conversion of the area percentages to weight percentages was unreliable. \u00a0The Federal Circuit agreed with Petitioner that the conversion was reliable, relying in part upon REG&#8217;s own expert who agreed that the conversion could be calculated, concluding that substantial evidence supported anticipation.<\/p>\n<p>With respect to anticipation by other claims, the Federal Circuit found that REG had successfully antedated the allegedly anticipating reference based on admitted exhibits, and exhibits that the Board improperly excluded. \u00a0 With respect to the excluded exhibits, the Board partially excluded emails with\u00a0a third party in which the inventor disclosed his conception of the invention on grounds of hearsay. \u00a0However, the significance of the email was <em>that<\/em> they were written, not their content, and thus the Federal Circuit found that the email should not have been excluded.<\/p>\n<p>The Federal Circuit reversed the exclusion of evidence, and based upon the evidence of conception in that improperly excluded evidence, concluded that REG has successfully antedated the reference, and reversed the finding of anticipate.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In REG Synthetic Fuels, LLC v. Neste Oil Oyj, [2015-1773] (November 8, 2016), the Federal Circuit\u00a0affirmed-in-part, reversed-in-part, vacated-in-part, and\u00a0remanded the PTAB&#8217;s unpatentability determinations or claims U.S. Patent No. 8,231,804 directed to paraffin compositions containing primarily even-carbon-number paraffins, and the Board&#8217;s &hellip; <a href=\"https:\/\/patents.harnessip.com\/?p=1299\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1299","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1299","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1299"}],"version-history":[{"count":1,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1299\/revisions"}],"predecessor-version":[{"id":1300,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/1299\/revisions\/1300"}],"wp:attachment":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1299"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1299"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1299"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}