Bloomberg Law
Free Newsletter Sign Up
Login
BROWSE
Bloomberg Law
Welcome
Login
Advanced Search Go
Free Newsletter Sign Up

Negative Iron-on T-Shirt Remarks Don’t Back Patent Claims

March 11, 2016, 5:00 AM
  • Holding:
    NuCoat, Cooler Concepts have patent priority over Arkwright on T-shirt image iron-on technology.
  • Takeaway:
    Patent applications lose flexibility when they refer to other products, processes as “undesired.”

Disparaging remarks made by a patent applicant about a way of making iron-on designs for T-shirts weren’t enough to back its own claims for making the same product, the U.S. Court of Appeals for the Federal Circuit held March 9 (Bamberg v. Dalvey, 2016 BL 70925, Fed. Cir., 2015-1548, 3/9/16).

In the ruling, the court clarified a point about the Patent Act’s requirement for written descriptions in35 U.S.C. §112 ...