In re Swanson
Sep 04, 2008OUTCOME: SNQ found, reexam cert. issued on amended claims
Case of first impression on patent reexamination in the Federal Circuit interpreting "substantial new question of patentability" where patentability issue had been previously litigated in federal court ... and the prior art reference had also been raised for other reasons in original examination. Patent claim can be held invalid on reexamination even if courts had previously held claim not invalid over the very same prior art reference.
