Applied Materials Loses Four Appeals

Scott Daniels | September 2, 2010

On Tuesday the PTO Board affirmed the obviousness rejections of four Applied Materials patents related to chemical-mechanical polishing of substrates.

The four appeals raised quite similar issues.  The decisions are significant in that they show the difficulties faced by a patentee in reexamination attempting to overcome a prima facie case of obviousness with a showing of commercial success.  As is common with such attempts, the Board found a lack of nexus between the claimed invention and the asserted success.

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