While the Federal Circuit makes reference to literary characters from time to time, it is rare that Frankenstein’s monster has ever come up in Federal Circuit or CCPA opinions. I thought it was a creative expression in a recent oral argument where the patent owner referred to the PTAB’s rejection as a “Frankenstein hodge-podge collection of citations.” [Listen]
I am familiar with a “rolling 103 rejection.” Perhaps we should add a “Frankenstein’s monster rejection” to the list.