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PTO Brief in Hyatt Litigation Seeks
Deference to Agency in Patent Rejections

Sept. 8, 2011, 4:00 AM

An applicant mounting a district court challenge of the Patent and Trademark Office’s patent rejection should not be permitted to introduce new evidence that could have been presented to the agency in the first instance, the PTO argued Aug. 29 in a U.S. Supreme Court brief (Kappos v. Hyatt).

The PTO is appealing the ruling by the en banc U.S. Court of Appeals for the Federal Circuit that there is no heightened standard for introducing new evidence when a party litigates the rejection in a district court, whether or not the applicant could have provided the evidence to...

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