This morning, the Federal Circuit issued a nonprecedential opinion in a patent case addressing the doctrine of nonobviousness. Here is the introduction to the opinion.
In re Aspen Aerogels, Inc. (Nonprecedential)
Aspen Aerogels, Inc. applied for a patent on a layered reinforced aerogel product. The examiner issued a final rejection finding the pending claims obvious under 35 U.S.C. § 103, and the Patent Trial and Appeal Board affirmed. On appeal to this court, Aspen argues that the prior art does not teach layers as required by the claims, and that the pending claims are therefore nonobvious. Because we conclude that the Board’s factual findings were supported by substantial evidence and because we agree with the Board’s conclusion of obviousness, we affirm.