District court's grant of summary judgment and upholding of the rejection of various claims of plaintiff's patent application is affirmed where the court properly excluded plaintiff's new evidence as he had an affirmative and specific duty to disclose to the PTO the evidence excluded by the court, willfully refused to provide the evidence in response to a valid action by the examiner, and presented no acceptable excuse for his failure to properly present the evidence.
Appeal from the United States District Court for the District of Columbia.
Submitted: March 11, 2009
Filed: August 11, 2009
Before MICHEL, Chief Judge, DYK and MOORE, Circuit Judges.
Opinion by MICHEL, Chief Judge.
Dissenting opinion by Circuit Judge MOORE
For Defendant: William G. Jenks, United States Patent and Trademark Office, Arlington, Virginia.