This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion affirms the Board’s determination that patent claims were obvious. Here is the introduction to the opinion.
In re Miller (Nonprecedential)
Tonia W. Miller appeals from the final decision of the Patent Trial and Appeal Board (“Board”) affirming the rejection of claims 1 and 24–26 of U.S. Patent Application No. 13/218,874 (“the ’874 Patent Application”) for obviousness.
At issue in this case is whether the Board erred in finding the term “emergency” to be an intended use rather than a structural limitation of the claimed “water store,” and whether the Board made a sufficient administrative record as to why Ms. Miller’s new evidence was insufficient to overcome the determination of obviousness. We hold that the Board did not err and did create a sufficient administrative record. Accordingly, we affirm.