R&H’s Processes for Preparing Emulsion Polymers with Improved Opacity Not Invalid over the Prior Art that Does Not Include a “Swelling Agent” Narrowly Construed by the PTAB

ORGANIK KIMYA AS v. ROHM AND HAAS COMPANY: October 11, 2017. Before Prost, Newman, and Taranto.   Takeaway: Where a patent specification uses the word ‘include’ immediately followed by the phrase ‘are those which,’ the element is properly limited to the embodiments “which exhibit the functional characteristics thereafter described.” Procedural …

PTAB Erred by Relying on Inherency in Making Obviousness Determination Without Finding that the Limitation at Issue was Necessarily Present

SOUTHWIRE V. CERRO WIRE: Sep. 8, 2017. Before Lourie, Moore, and Hughes.   Takeaways: The Federal Circuit held that the Patent Trial and Appeal Board erred in relying on inherency in making a determination of obviousness, because PTAB did not find that the Summers reference necessarily would achieve a 30% reduction …