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In re Glatt Air Techniques, Inc., 10-1141

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By FindLaw Staff on January 05, 2011 3:24 PM

Finding of obviousness of a patent related to a coating apparatus reversed

In re Glatt Air Techniques, Inc., 10-1141, concerned a challenge to the final decision of the Board of Patent Appeals and Interferences (Board) holding claim 5 of a patent, related to a coating apparatus known as a Wurster coater used to coat particles, such as pharmaceutical ingredients, unpatentable for obviousness under 35 U.S.C. section 103(a).  In reversing, the court held that, because substantial evidence does not support the Board's finding that a prior art expressly or implicitly teaches using an air wall to shield particles from entering the initial spray pattern, the Board has not made a proper prima facie case of obviousness.

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