The U.S Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion clarifying that provisional rights in a patent do not apply when a patent would issue after its expiration date. Judge Chen authored the decision. The appeal stems from the Patent Trial and Appeal Board’s (PTAB’s) decision affirming in part an examiner’s rejection of certain claims of Donald Forest’s U.S. Patent Application No. 15/391,116 ’116 under 35 U.S.C. § 103 and nonstatutory double patenting.

Full Article Available Here