• Oct 1 2019
  • |
  • Category: CAFC Updates

Honeywell appeals from a pair of post-grant review proceedings involving a single Honeywell patent relating to fluoroalkene compounds used in refrigeration systems and other applications. Following institution, Honeywell sought authorization from the Board to file a motion for leave to petition the Patent Office Director for a Certificate of Correction to correct the challenged patent. Honeywell sought to correct a mistake in the chain of priority listed on the face of the patent. The Board rejected Honeywell’s request. The CAFC concludes that the Board abused its discretion by assuming the authority that 35 U.S.C. § 255 expressly delegates to the Director: to determine when a Certificate of Correction is appropriate, and therefore that the Board abused its discretion in rejecting Honeywell’s request for authorization to file a motion for leave. The CAFC thus vacates and remands.


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