The Federal Circuit's opinion examined the concept of collateral estoppel concerning U.S. Patent Application No. 11/005,678. The court assessed whether the non-provisional application benefited from the provisional application's priority date and how this relates to pre-AIA 35 U.S.C. § 102(e). The Patent Trial and Appeal Board previously overturned the Examinerâs rejection of the application, but a subsequent Request for Rehearing indicated confusion regarding the applicable version of § 102(e). Odyssey Logistics challenged these decisions in District Court, showcasing the complexities associated with patent priority dates.
The Federal Circuit's opinion clarifies the limits of collateral estoppel in patent law, particularly regarding priority dates in context of provisional and non-provisional applications.
The Patent Trial and Appeal Board's reversal highlighted the complexities surrounding pre-AIA 35 U.S.C. § 102(e) and how non-provisional applications relate to provisional priority dates.
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