- 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 in