This morning, the Federal Circuit released one precedential opinion and one nonprecedential opinion. The precedential opinion addresses an appeal from two final written decisions of the Patent Trial and Appeal Board. The Federal Circuit ultimately reversed, vacated, and remanded portions of the Board’s decisions. The nonprecedential opinion addresses an appeal from a judgment of the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

Weber, Inc. v. Provisur Technologies, Inc. (Precedential Opinion)

Weber appeals two final written decisions from the Patent Trial and Appeal Board.  The Board determined that Weber failed to establish the unpatentability of the claims of Provisur’s patents.  The Board first found that Weber’s operating manuals were not prior art printed publications.  The Board also determined that the prior art did not disclose two challenged claim terms, one of which was included in the Board’s claim construction of the challenged claims.  We reverse the Board’s printed publication determinations, vacate the Board’s conclusions regarding Weber’s failure to establish unpatentability of the challenged claims, and remand for further proceedings.  

O’Connell v. McDonough (Nonprecedential Opinion)

Richard M. O’Connell appeals a decision of the United States Court of Appeals for Veterans Claims (CAVC) affirming the decision of the Board of Veterans’ Appeals (Board) denying a rating for gastroesophageal reflux disease (GERD) with Barrett’s esophagus in excess of 30% for the period of May 12, 2016, to September 13, 2019.  O’Connell does not appeal the CAVC’s dismissal of his appeal to that court concerning the Board’s denial of entitlement to an initial rating in excess of 10% prior to July 1, 2014, and in excess of 60% from July 1, 2014, to May 11, 2016, which the CAVC dismissed as abandoned.  See O’Connell v. McDonough, 2023 WL 3143712, at *1, *4 (Vet. App. Apr. 28, 2023) (“CAVC Decision”).