Reissue procedure

One might think that given the special focus of the Court of Appeals for the Federal Circuit that the judges would be intimately familiar with the nuances of patent procedure.  That is not necessarily true —  and probably not a fair expectation.  In the In re Skvorecz case, the panel requested further information on how its ultimate decision about the patentability of amended claims in a reissue application would affect the prior version of the claims in the originally issued patent if the panel affirmed the rejection of the proposed claim amendments.  [ Listen]

You can listen to the entire oral argument [Here].

You can read the court’s opinion [Here].

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